NHRC dismisses complaint from Nirbhaya case convict's mother seeking its intervention

The NHRC has dismissed a complaint lodged with it by the mother of one of the convicts in the Nirbhaya case which sought intervention by the commission to prevent the hanging of her son, officials said on Tuesday. Ram Bai, a resident of Ravidas Camp at R K Puram here, had in her complaint claimed that all the accused in the case, including her son Mukesh Kumar, have been "falsely implicated" and their hanging in compliance of the court orders will be a "miscarriage of justice".

The National Human Rights Commission said it has received a complaint from Bai through her counsel A P Singh seeking urgent intervention by the commission in the matter to prevent hanging of her son who is currently lodged in Jail No. 3 at Tihar prison complex. "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 limine," the NHRC said in a statement. Bai also claimed that her son is a "witness in the case of custodial death of the 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 the deceased prisoner, Ram Singh and that no compensation has been given to the next of kin of the deceased prisoner," the statement said. The complainant has also stated that due to various kind of viral infections, pollution and other hazards, "life has become very short in Delhi-NCR, hence, the death penalty and its execution is not at all justifiable", it said.

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. "The Commission has carefully examined the contents of the complaint... 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," it added.

The case was registered and the matter was taken up by the investigation division of the Commission and the requisite reports were obtained from the authorities concerned, the rights panel said. "A magisterial enquiry was also conducted in the matter. There were some allegations raised 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," it said. Upon perusal, the Commission has not found any substance sufficient for taking cognizance of the matter. The case relating to custodial death of the deceased co-prisoner Ram Singh has been disposed of by the Commission on merit, it added. A 23-year-old physiotherapy intern, who came to be known as 'Nirbhaya' (the fearless), was gang-raped and savagely assaulted in a moving bus in south Delhi on December 16, 2012. She died after a fortnight.

Six people, including the four convicts and a juvenile, were named as accused. Ram Singh, the sixth accused, allegedly committed suicide in Tihar Jail days after the trial began in the case. The juvenile was released in 2015 after spending three years in a correctional home.