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अफरोज आलम साहिल

हमारे देश में हर दिन किसी न किसी कोने में, किसी न किसी बहाने से पुलिस एनकाउटर होते ही रहते हैं। और फिर उन पर उंगली भी कोई नई बात नहीं है. बटला हाउस के बाद एक फिर फर्जी एनकाउंटर चर्चे में है. ये तमाम एनकाउंटर किसी न किसी रूप में मानव अधिकारों का उल्लंघन तो करते ही रहते हैं. और जब मानव अधिकारों का उल्लंघन हो रहा हो, तो ऐसे में हमारी राष्ट्रीय मानव अधिकार आयोग कैसे चुप रह सकती है.... खैर सरकार के ये सरकारी विभाग कितना काम करता है, ये किसी से छुपा हुआ नहीं है.

बहरहाल, बटला हाउस एनकाउंटर के बाद मैंने दिनांक 24 सितम्बर 2008 को राष्ट्रीय मानव अधिकार आयोग से 'सूचना के अधिकार अधिनियम-२००५' के माध्यम से ये पूछा कि अब तक NHRC के समक्ष कितने एनकाउंटर के मामले दर्ज हुए हैं? इन में से कितनो को आपने फर्जी माना है।? तमाम फर्जी मामलो का ब्यौरा उपलब्ध कराएँ.

इसके जवाब में NHRC ने बताया कि "As per record available with the commission, so far, 2560 cases of police encounter/ alleged fake encounter have come up before the NHRC। the commission has so far granted compensation in sixteen cases of police encounter/alleged fake encounter."

पर ये जवाब अधुरा था, इसलिए पुनः हमने फर्स्ट अपील दर्ज करायी। जिसमे बताया गया कि " out of 16 cases in which certain acts of ommission/commision resulting in violation of human rights on the part of public servants were found, 8 have been closed and the remaining 8 are still under consideration before the commission. A list of live cases is enclosed as Annexure-1."

और फिर NHRC ने जिन 8 केसों के केस नंबर दिए है उसका विवरण इस प्रकार है.......

1.
National Human Rights Commission, New Delhi, India

Case Details of File Number: 3731/4/2002-2003

Name of the Complainant
SUO MOTU "THE PIONEER" DATED 07/02/2003

Address
"ARMY ORDERS PROBE INTO JAWAN'S KILLING" PATNA , BIHAR

Name of the Victim LATE AMITESH SHARMA S/O SH। AVDHESH SHARMA

Address VILL। BARI PAKRA, PS PALIGANJ PATNA , BIHAR Place of Incident PATNA. PATNA , BIHAR

Date of Incident 2/4/2002

Direction issued by the Commission
These proceedings shall be read in continuation of the earlier proceedings of the Commission dated 5th May, 2008। The Commission on 5th May, 2008 observed and ordered thus:- "The Commission is anguished at the insensitive attitude of the State Government. It must realize that an innocent citizen has lost his life on account of high-handedness of its police. The Government is expected to make amends for the unlawful act of its employees and do its best to give succor to the agonized kin of the deceased. The Commission reiterates its recommendation and expects the State Government to make full compliance of its directions without further argument. Compliance report and proof of payment be positively submitted within six weeks." Pursuant to the direction of the Commission Dy. Secretary, Home (Special), Government of Bihar, Patna vide communication dated 16th July, 2008 submitted that Rs. one lakh has been disbursed to the next of the deceased and proof of payment has also been submitted. It has further been submitted that the State Government has taken a decision that the additional amount recommended by the Commission is not possible to be disbursed to the next of kin of the deceased. The Commission has considered the reply submitted by the State Government and reiterates the decision taken on 17th May, 2007 about the payment of Rs. two lakhs as interim relief to the next of kin of deceased Amitesh Kumar @ Madhukar Sharma. Chief Secretary, Government of Bihar be asked to communicate the recommendations of the Commission to the State Government and after further payment of Rs.one lakh shall submit compliance report along with proof of payment to the next of kin of the deceased. Response within six weeks.

Action Taken
Additional Information Called for (Dated 8/27/2008 )

Status on 1/30/2009 Response from concerned authority is awaited।

2. Case Details of File Number: 3643/4/2002-2003

Diary Number 6370

Name of the Complainant SUO-MOTU "THE PIONEER" DATED 6/2/2003

Address "BIHAR COPS DO IT AGAIN, SHOOT JAWAN THIS TIME" BIHAR , BIHAR

Name of the Victim AMITESH SINGH

Address VILL. BARI PAKRA , PO PALIGANJ, PATNA , BIHAR Place of Incident PALIGANJ BIHAR , BIHAR

Date of Incident 2/4/2003

Direction issued by the Commission Amitesh Kumar @ Madhukar Sharma was shot dead by police on 7th February, 2003 in the area of P।S। Paliganj, Patna। The police came out with a story of encounter and claimed that it had acted in self-defence। It was also claimed that arms and ammunition had been discovered from the deceased. The story of police was, however, rubbished by Shri Amit Kumar, the then SP (Rural), who investigated the case. He found that Amitesh Kumar had been shot dead by Constable Sandeep Kumar. He also observed that watch-man Dinesh Paswan and SI Vivekanand Singh had been instrumental in fabrication of false evidence to make out a case of encounter. DGP (Law & Order), Patna, however, informed the Commission vide letter dated 21st December, 2006 that SI Vivekanand Singh has been found innocent and only Watchman Dinesh Paswan had a hand in fabrication of evidence. On consideration of the material received by it, the Commission, vide proceedings dated 14th March, 2007 issued show-cause notice to the State of Bihar u/s 18(3) of the Protection of Human Rights Act, 1993 and also directed DGP, Bihar to transmit a legible copy of charge-sheet filed in FIR No.12/2003 registered at P.S. Paligang. The State has not filed any reply to the show-cause notice. Even the copy of the charge-sheet has not been submitted. The very fact that a charge-sheet for murder has been filed against a police constable implies that the story of encounter is not true and it is a case of high-handedness on the part of the police. A young person was deprived of his 'right to life' in the incident. Therefore, on consideration of the circumstances, the Commission recommends to the State of Bihar to pay an amount Rs.two lakhs as "interim relief" to the next of kin of the deceased Amitesh Kumar @ Madhukar Sharma. The record shows that FIR No. 12/2003 was registered against the deceased at P.S. Paligang on the statement of SI Vivekanand Singh. In that statement SI Vivekanand Singh had claimed to be an eye witness of the recovery of arms and ammunition from the victim, Amitesh Kumar. If the recovery was subsequently found false after investigation, SI Vivekanand Singh must have had a hand in fabrication of evidence and any conclusion to the contrary cannot be accepted. The Commission, therefore, recommends to the State of Bihar to take appropriate departmental and criminal action against SI, Vivekanand Singh. Chief Secretary, Bihar shall submit compliance report along with proof of payment within eight weeks.

Action Taken Relief granted [Compensation, Disciplinary & Prosecution] (Dated 6/25/2007 )

Status on 1/30/2009 Compliance of the Commission's recommendation by the concerned authority is awaited।

3. Case Details of File Number: 179/1/2003-2004


Diary Number 7291/JR


Name of the Complainant LATEEF MOHAMMED KHAN


Address CIVIL LIBERTIES MONITORING COMMISTTE ,2-3-48/A/9, AMBERPET, HYDERABAD , ANDHRA PRADESH


Name of the Victim MOHAMMED SHAFI



Address RAJENDER NAGAR HYDERABAD , ANDHRA PRADESH


Place of Incident ZAHEERABAD HYDERABAD , ANDHRA PRADESH


Date of Incident 5/22/2003

Direction issued by the Commission

These proceedings are in continuation of the earlier proceedings of the Commission. This case relates to encounter death of one Mohd. Shafi. After going through the reports received from the concerned authorities, the Commission vide proceedings dated 24.7.08 observed that in the facts and circumstances of the case, the story put forth by the police seemed to have been woven just to show the killing by the police as a 'genuine encounter'. It was further observed that even otherwise the force used was excessive as the Sub Inspector pumped four bullets in the body of the deceased, a petty thief, at vital parts. A notice under section 18 (a) (i) of the PHR Act, 1993 was ordered to be issued to the Govt. of Andhra Pradesh. The Show Cause Notice was responded to by the Principal Secretary to the Govt. of Andhra Pradesh, General Administration Department) and by the Collector and the District Magistrate, Medak, vide their communications dated 10.9.08 and 12.9.08 respectively. As per these communications, the Director General of Police, A.P., had been requested to register a criminal case against SI P.Sridhar Reddy and Constable N. Gopal and get the same investigated by CBCID as directed by the Commission. As to the compensation to the next of kin (NOK) of the deceased, it was informed that an ex-gratia relief of Rs. 20,000/- had been sanctioned by the Govt. of Andhra Pradesh and the same had been paid to the father of deceased, the wife of the deceased having been remarried. Vide proceedings dated 1.10.081 the Commission considered the reply to the show cause notice and observed that the criminal case registered against the delinquent police officials shall take its own course as per law. As to the compensation of Rs. 20,000/- paid by the State Govt. to the NOK of the deceased, the Commission found that the sum was too meager for violation of human right to life. Consequently, the Govt. of A.P., was directed to pay the NOK of the deceased an additional sum of Rs. 2,80,000/- on account of compensation. The Chief Secretary was directed to send his compliance report alongwith proof of payment. A copy of the order dated 20.11.08 of the Principal Secretary to the Govt. of A.P., sanctioning the amount of Rs. 2,80,000/- as an additional compensation for the NOK of the deceased Mohd. Shafi has been received by the Commission. As per this order, the Collector & District Magistrate, Medak, is to draw the sanctioned amount and to arrange to disburse the same to the concerned person and to send the compliance report alongwith proof of payment to the Commission. However, no such intimation has been received from the Collector concerned. Issue reminder to the Collector and DM, Medak, to send the compliance report alongwith proof of payment within four weeks positively.


Action Taken Additional Information Called for (Dated 12/11/2008 )

Status on 1/30/2009 Response from concerned authority is awaited.

4.
Case Details of File Number: 1247/12/2002-2003
Diary Number
9579
Name of the Complainant
SMT. ASHA BAI W/O ASHOK CHOUDHARY
Address
MAHAVAR, NAGAR, ANNAPURNA, MAIN ROAD,INDORE, MADHYA PRADESH.
INDORE , MADHYA PRADESH
Name of the Victim
SH. YOGESH
Address
MAHAVAR, NAGAR, ANNAPURNA, MAIN ROAD, INDORE, MADHYA PRADESH.
INDORE , MADHYA PRADESH
Place of Incident
INDORE
INDORE , MADHYA PRADESH
Date of Incident
10/15/2002
Direction issued by the Commission
These proceedings shall be read in continuation of the earlier proceedings of the Commission dated 5th March, 2008. On 5th March, 2008, the Commission observed and ordered as under:- "On consideration of the magisterial enquiry report and the comments made thereon by the police, the Commission is of the opinion that the relevant questions raised by the Magistrate as to the defence raised by the police have not been satisfactorily explained. Therefore, the story of the police having fired in self-defence does not inspire confidence. It appears to be a case of intentional killing by the police. Issue notice u/s 18 (a) (1) of the Protection of Human Rights Act 1993 requiring the Chief Secretary of the Government of M.P. to show-cause why monetary relief should not be given to the next of kin of deceased Yogesh Chaudhary. Response within six weeks." Pursuant to the directions of the Commission Addl. Secretary (Home), Government of Madhya Pradesh vide communication dated 26th May, 2008 submitted that contradictions and doubts raised by ADM, Indore have been refuted by the Inspector General of Police, Indore and Police Headquarters and requested that the Commission should reconsider the show-cause notice regarding grant of monetary relief to the next of kin of the deceased. The points raised by DG (Complaints), Government of MP, Bhopal and by the Police HQ were taken into consideration by the Commission. The explanation submitted by DG, Indore against points raised by the Magistrate in MER are not convincing as the medical examination reports of the injured police officers have not been submitted before the Commission. The post-mortem report also reveals that the injuries sustained by the deceased are from very close range. The Magistrate, on the other hand, has given cogent reasons for his observations. The Commission sees no reason to doubt the authenticity of the MER which indicates flagrant violation of human right of the deceased by the police. Thus, the notice issued by the Commission u/s 18(c ) of the Protection of Human Rights Act, 1993 is not liable to be discharged. The Commission recommends Rs. three lakhs to be awarded as monetary relief to the next of kin of the deceased by the Government of Madhya Pradesh. Chief Secretary, Government of Madhya Pradesh shall submit compliance report and proof of payment within six weeks.
Action Taken
Relief granted [Compensation, Disciplinary & Prosecution] (Dated 8/25/2008 )
Status on 1/30/2009
Compliance of the Commission's recommendation by the concerned authority is awaited.

5.
Case Details of File Number: 3519/24/2003-2004
Diary Number
3058
Name of the Complainant
KHEM CHAND
Address
R/O VILL. KAKDA, PS. DEENG,
BHARATPUR , RAJASTHAN
Name of the Victim
PAPLI S/O MANGAL
Address
AS ABOVE
BHARATPUR , RAJASTHAN
Place of Incident
SHERGARH
MATHURA , UTTAR PRADESH
Date of Incident
4/13/2003
Direction issued by the Commission
These proceedings shall be read in continuation of the earlier proceedings of the Commission. The Commission vide proceedings dated 04.3.2008 awarded interim relief of Rupees Two lakhs to the next of kin of deceased Puple and directed Chief Secretary, Govt. of Uttar Pradesh to submit proof of payment within eight weeks. In response to reminder dated 1.7.2008 Shri Javed Akhtar, Secretary to the Govt. of Uttar Pradesh vide communication dated 25.7.2008 has requested for grant of extension of time for 3 months to submit the compliance report Regarding proof of payment of interim relief of Rs. 2 lakh to the next of kin of the deceased Puple. Extension of time as prayed for is granted. Chief Secretary, Govt. of Uttar Pradesh to submit the compliance report along with proof of payment within four weeks on or before 14.11.2008.
Action Taken
Additional Information Called for (Dated 8/18/2008 )
Status on 1/30/2009
Response from concerned authority is awaited.

6.
Case Details of File Number: 2812/4/97-98
Diary Number
6932
Name of the Complainant
SHRI OM PRAKASH SINGH
Address
VILL.+PO.-SIRSIA VIA.-BEHARI GANJ P.S.-BARHARA KOSHI DIST.-PURNEA BIHAR
BIHAR , BIHAR
Name of the Victim
SHRI CHHATHI SINGH @ CHHATHIA
Address
VILL.+PO.-SIRSIA VIA.-BEHARI GANJ P.S.-BARHARA KOSHI DIST.-PURNEA BIHAR
BIHAR , BIHAR
Place of Incident
CHAHBACHA, PURNEA
PURNEA , BIHAR
Date of Incident
12/5/1997
Direction issued by the Commission
On 1st August, 2007, the Commission made a recommendation to the Govt. of Bihar to pay a sum of Rs.Three lakhs as monetary relief to the next of kin of Chatti Singh who was killed by the police in a fake encounter. The State Government made payment of Rs.50,000/- only and requested the Commission to reconsider its decision. The Commission declined to review the recommendation and reiterated on 30.1.2008 that the entire amount of Rs.Three lakhs should be paid. A communication dated 11.8.2008 has now been received from Shri P.N.Rai, Special Secretary to Govt. of Bihar. He has conveyed that an additional amount of Rs.50,000/- has been paid to the next of kin in deference to the recommendation of the Commission. He has submitted that the State Government has a policy of ex gratia payment of Rs.50,000/- only to the dependents of those killed in terrorist/extremist/caste conflict/election related violence. He has requested the Commission for waiver of the balance amount. A victim of fake encounter cannot be equated to a person killed in terrorist/extremist/caste/election related violence. In the case of fake encounter, the State not only fails in its duty to protect life, but it is itself the perpetrator of violence. If a citizen is deprived of life in the guise of encounter, the State must un-hesitantly admit its mistake and it should suitably compensate the next of kin of the deceased. Human life is not a commodity for bargain. Therefore, the Commission expects the State Government to make payment of the balance amount of Rs.Two lakhs without any further objection. Chief Secretary, Government of Bihar shall submit compliance report with proof of payment within eight weeks.
Action Taken
Additional Information Called for (Dated 8/18/2008 )
Status on 1/30/2009
Response from concerned authority is awaited.

7.
Diary Number
68836
Name of the Complainant
THE SR. SUPDT. OF POLICE
Address
.
UDHAM SINGH NAGAR , UTTARANCHAL
Name of the Victim
NAJAWANT S/O VIRASAT
Address
R/O VOSAFADAN, KASHIPUR,
UDHAM SINGH NAGAR , UTTARANCHAL
Place of Incident
KASHIPUR
UDHAM SINGH NAGAR , UTTARANCHAL
Date of Incident
9/17/2004
Direction issued by the Commission
This case relates to encounter death of one Nazakat @ Cheeta. Vide proceedings dated 20.7.2007, the Commission considered the magisterial enquiry report which gave a clean chit to the police. On consideration of the post mortem report, the Commission found that there was blackening and tattooing around both entry wounds and it was observed that this fact suggested that firing was from close range. Neither the Enquiry Magistrate and nor the Investigating Officer of the encounter case had offered an explanation for the blackening and tattooing around the entry wounds. In these facts and circumstances of the case, the Commission held that prima facie it appeared that the story of encounter put forth by the police was not true. Consequently, notice u/s 18 (a) (i) of the Protection of Human Rights Act, 1993, was ordered to be issued to the State of Uttranchal though its Secretary. The notice was responded to by the Under Secretary, Govt. of Uttranchal, vide his communication dated 25.10.2007. As per this communication the deceased was a hardened criminal having 29 criminal cases against him and he carried an award of Rs.2500/- on his arrest. Besides this information, the communication has repeated the facts of the alleged encounter claiming the same to be genuine. However, it was silent about the blackening and tattooing found around the both entry wounds of the body of the deceased. No such explanation having come forth, the Commission vide proceedings dated 30.9.2008 reiterated its earlier findings and held that the next of kin of the deceased are entitled to suitable monetary compensation. The Commission, therefore, recommended to the State of Uttranchal through its Chief Secretary to pay a sum of Rs. 3 Lakhs (Rupees Three Lakh only) as compensation to the next of kin of the deceased. The Chief Secretary was directed to send the compliance report alongwith proof of payment within six weeks. Pursuant to the directions of the Commission, ADM, Udhamsingh Nagar vide communication dated 17.11.2008 has forwarded a copy of the receipt regarding payment of Rs. 3 lakh (Rupees three lakh) only to Smt. Kaneeza Begum, the mother of the deceased Nazakat. Since the directions of the Commission have been complied with, the case stands closed.
Action Taken
Concluded and No Further Action Required (Dated 11/28/2008 )
Status on 1/30/2009
The Case is Closed.

8.
Case Details of File Number: 1984/30/2006-2007
Diary Number
53349/CR/2006
Name of the Complainant
SUNIL GARG, DCP
Address
.
NORTH DELHI , DELHI
Name of the Victim
NAZAKAT ALI & ZULIFIKAR
Address
R/O. GHAZIABAD AND MEERUT
GHAZIABAD , UTTAR PRADESH
Place of Incident
TIMARPUR
NORTH DELHI , DELHI
Date of Incident
7/31/2006
Direction issued by the Commission
This case relates to the encounter death of Nazakat Ali and Zulfikar. The Addl. DCP (Vig.) reported vide communication dated 20th December, 2006 that nine police officials were being prosecuted for abduction and murder of deceased persons and four of them had been dismissed from service. The allegations having been substantiated by the police investigation itself, the Commission ordered issuance of show-cause notice u/s 18 (a) (i) of the Protection of Human Rights Act, 1993 to the Government of NCT of Delhi vide proceedings dated 26th November, 2007. The DCP (Vigilance) responded to the show-cause notice vide communication dated 1st May, 2008 admitting that this was a fit case for grant of compensation. Hence, vide proceedings dated 2nd June, 2008, the Commission recommended to the Government of NCT of Delhi to pay a sum of Rs. three lakhs each to the next of kin of the deceased persons Nazakat Ali and Zulfikar. Compliance report and proof of payment was sought within eight weeks. The compliance report has not been received. Issue reminder to the Chief Secretary, Government of NCT of Delhi, to send compliance report along with proof of payment within four weeks positively failing which the Commission shall be constrained to order his personal appearance.
Action Taken
Additional Information Called for (Dated 9/24/2008 )
Status on 1/30/2009
Response from concerned authority is awaited.

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