{"id":258264,"date":"2021-12-09T12:00:02","date_gmt":"2021-12-09T06:30:02","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=258264"},"modified":"2021-12-17T14:06:30","modified_gmt":"2021-12-17T08:36:30","slug":"sikk-hc-does-dismissal-of-the-writ-petition-in-limine-act-as-res-judicata-against-the-proceedings-before-the-nhrc-court-answers-in-suicide-case-of-undertrial","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/12\/09\/sikk-hc-does-dismissal-of-the-writ-petition-in-limine-act-as-res-judicata-against-the-proceedings-before-the-nhrc-court-answers-in-suicide-case-of-undertrial\/","title":{"rendered":"Sikk HC | Does dismissal of the writ petition in limine act as res judicata against the proceedings before the NHRC? Court answers in suicide case of undertrial"},"content":{"rendered":"

Sikkim High Court:<\/strong> Bhaskar Raj Pradhan, J., dismissed a writ petition filed by the State seeking a writ for setting aside the show cause notice and orders passed by the National Human Rights Commission (NHRC) relating to the suicide of an under trial prisoner (UTP) Roshan Chettri in District Jail, Namchi, as being arbitrary and illegal.<\/p>\n

NHRC had issued a show cause notice to the Chief Secretary of the petitioner in this relation further adding that the Investigation Division of NHRC after collecting\/analyzing relevant reports\/records has submitted that the deceased UTP was a covid-19 positive patient and was in quarantine along with another UTP. On 04.04.2020, at 11 a.m., the deceased made an attempt to commit suicide by hanging on the door of his cell with the help of cloth of the blanket provided to him but that act was noticed by his cell mate who caught hold his body and called out for help. Subsequently, jail authorities arrived and brought him down by cutting the blanket cloth. He was immediately shifted to hospital wherein he died during the treatment. The inquest and the Post Mortem Examination (PME) revealed no injury on the body of the deceased other than ligature marks, the cause of death was asphyxia due to hanging. The notice required the petitioner to show cause as to why monetary compensation of Rs.3,75,000\/- should not be recommended under section 18(a)(i) of the Protection of Human Rights Act, 1993, to be paid to the next of kin of the deceased Roshan Chettri.<\/p>\n

The petitioner responded to the show cause notice stating that no case of negligence on the part of jail administration was found during the judicial enquiry by the Judicial Magistrate, South Sikkim at Namchi. In the meanwhile, Dilip Chettri, father of the deceased filed a writ petition praying for a direction upon the state respondents to pay compensation to the tune of Rs.20,00,000\/- as well as for an independent investigation of the incident of the alleged suicide by a retired judge or a government officer or any other person as deemed fit. The writ petition was taken up by the Single Bench of this court and was dismissed in limine.<\/p>\n

The petitioner claimed to be aggrieved on counts :<\/p>\n