NHRC dismisses complaint of mother of Nirbhaya case convict Mukesh Kumar

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New Delhi : The National Human Rights Commission ( NHRC), India has received a complaint from Ram Bai, a resident of Ravidas Camp, R K Puram, Delhi, through her counsel Dr A P Singh seeking urgent intervention by the Commission in the matter to prevent alleged unlawful execution of her son Mukesh Kumar who is lodged at Jail No. 3, Tihar, in Delhi in Case No. 413/2012 registered with Police Station, Vasant Vihar, Delhi.

The complainant has stated that all the accused including her son have been falsely implicated in the case and their execution in compliance of the court orders will be a miscarriage of justice. The complainant has stated that her son is also a witness in the case of custodial death of a co-accused Ram Singh, who died inside Tihar jail, on March 11, 2013. The complainant has alleged many flaws in the investigation of the case registered in connection with the custodial death of Ram Singh and that no compensation has been given to the NOK of the deceased prisoner.

It is further mentioned by the complainant that legal remedies/cases are pending for disposal before different courts/ constitutional bodies on behalf of the death row convicts including her son but the authorities are still planning to hang them, on March 20, 2020. The complainant has also stated that due to various kind of viral infections, pollution and other hazards, the life has become very short in Delhi NCR region hence, the death penalty and its execution is not at all justifiable. The complainant has requested the Commission to stay the execution of the death sentence imposed on the convicts including her son which is fixed for March 20, 2020.

The Commission has carefully examined the contents of the complaint. The son of the complainant is one of the accused in a case Crime No. 413/12 registered with PS Vasant Vihar in which death sentence has been awarded by the competent court and upheld by the Apex court.  The case relating to the death of one of the accused in this criminal case, Ram Singh, had come before the Commission when an intimation was received from the jail authorities in accordance with the guidelines issued by the Commission directing the authorities to report all the custodial deaths to it within 24 hours of the occurrence.

 The matter was taken up by the Investigation Division of the Commission and the requisite reports were obtained from the authorities concerned. A magisterial enquiry was also conducted into the matter. There were some allegations by the family members that the deceased prisoner had not committed suicide and he was killed in the judicial custody. The Inquiry Magistrate, after examination, had held that there was no foul play or negligence in this case of custodial death and the Commission, upon consideration of the reports and the recommendations made by its Investigation Division, had closed the case, on merits. Since, there was no negligence on the part of any of the authorities, no compensation was recommended by the Commission.

Upon perusal, the Commission has not found any substance sufficient for taking cognizance in the matter. The case relating to custodial death of the deceased co-prisoner Ram Singh has been disposed of by the Commission on merits, as explained above. So far as the prayer made by the complainant to stay execution of the death sentence is concerned, it is apparent that the said convict Mukesh Kumar has already approached the appropriate authorities and the authorities have exercised their jurisdiction judiciously. The matter is outside the purview of the Commission. The complaint is, therefore, dismissed in limini, according to an NHRC release.