NHRC recommends payment of Rs. 5 lakhs as relief in the fake encounter of a gym trainer in NOIDA on 3rd February, 2018; charge sheet filed against the accused police personnel (30.10.2018)

PRESS RELEASE

New Delhi, 30th October, 2018

The National Human Rights Commission, NHRC, India has recommended that the Government of Uttar Pradesh, pay Rs. 5 lakhs as relief to the next of kin of the Jitendra Yadav, gym trainer, who was shot by some police personnel in a fake encounter in NOIDA in the night of 3rd February, 2018.

The Commission has asked the Chief Secretary of the State to submit compliance report along with proof of payment within six weeks, after received of its recommendations. The Commission on the 5th February, 2018 had registered the case suo motu on the basis of media reports about the incident.

During the course of enquiry and response to its notices, the Government of Uttar Pradesh informed the Commission that allegations leveled against the police personnel were substantiated and charge sheet has been submitted against one Sub-Inspector in a case crime number 249/2018 U/Ss 308, 323 and 504 IPC. Efforts are being made to arrest the remaining three accused police personnel including one Sub Inspector and two Constables.

Post these findings and the action initiated against the erring police personnel, the Commission held that based on these facts, a case of violation of human rights of the victim is made out and the State Government is vicariously liable to pay monetary relief to the victim. Accordingly, it had asked the Government of Uttar Pradesh to show cause why it should not recommend monetary relief to the victim. However, having received no response to the show cause notice, the Commission concluded that it shows that the State Government had nothing to say in the matter and hence recommended the payment of Rs. 5 lakhs as relief.

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