NHRC directs UP Government to pay Rs. 5.00 lakhs compensation in the Agra shoot-out case
The National Human Rights Commission, on 9 April 2003, called upon the State of Uttar Pradesh to make payment of Rs. 5.00 lakhs by way of ‘immediate interim relief’ to the next of kin of late Dr. Sonali Bose who was shot dead by the UP Police in a case of “mistaken identity”.
The Commission felt that it was a tragic case in which the life of a young second year Post Graduate student of S.N. Medical College, Agra, Dr. Sonali Bose, was brought to an end in a shoot-out by the police which, according to the response received form the State Government of Uttar Pradesh, was “due to negligence and over-enthusiastic action on the part of the concerned police officials”. After considering all the facts and circumstances of the case, the Commission, on 13 January 2003, had issued notice to the State Government to show-cause why immediate interim relief of Rs. 5.00 lakhs be not granted to the next-of-kin of Dr. Bose.
In response to the notice, the State of Uttar Pradesh informed the Commission that a sum of Rs. 25,000/- had been sanctioned to the family of the victim from the Chief Minister’s Discretionary Fund and both departmental action as well as criminal prosecution had been instituted against the delinquent police officials. The State Government considered the award of immediate interim relief of Rs. 5.00 lakhs to be “on the higher side”.
Not agreeing with the State Government, the Commission recorded: “A life, which is battered and shattered by the action of the police, for which the State must be held vicariously responsible, cannot be compensated in terms of money. The payment of interim monetary relief is aimed at providing immediate relief by an order of making ‘monetary amends for the wrong done due to breach of public duty, of not protecting the basic of all human rights – right to life – of the citizen”.
It was the considered view of the Commission that the grant of Rs. 5.00 lakhs as immediate interim relief under section 18(3) of the Protection of Human Rights Act, 1993 in the admitted circumstances of the case was neither excessive nor unreasonable. The Commission has asked the Government to send a report of action taken to the Commission within a month, i.e. by 10 May 2003.
It may be recalled that the Commission had taken suo motu cognizance of news items that had appeared in the Indian Express and the Statesman of 18 July 2002 reporting the death of the 21-year-old medical student. According to the reports, the police had fired on the postgraduate student on the Agra-Mathura road while she was returning with a friend to Agra in a car.
The Commission had issued notice to the Chief Secretary and to the Director General of Police, Uttar Pradesh on 23 July 2002 calling for a report on the action taken in this case. It was informed that, in the light of the investigations conducted by the UP Government, the three erring policemen had been sent to jail, and others who had prima-facie been found guilty, had been placed under suspension. The Commission noted that the action taken by the State Government in registering the offence and prosecuting the errant police personnel made this case a fit one for the award of immediate interim relief under the Protection of Human Rights Act, 1993.
The Commission felt that it was a tragic case in which the life of a young second year Post Graduate student of S.N. Medical College, Agra, Dr. Sonali Bose, was brought to an end in a shoot-out by the police which, according to the response received form the State Government of Uttar Pradesh, was “due to negligence and over-enthusiastic action on the part of the concerned police officials”. After considering all the facts and circumstances of the case, the Commission, on 13 January 2003, had issued notice to the State Government to show-cause why immediate interim relief of Rs. 5.00 lakhs be not granted to the next-of-kin of Dr. Bose.
In response to the notice, the State of Uttar Pradesh informed the Commission that a sum of Rs. 25,000/- had been sanctioned to the family of the victim from the Chief Minister’s Discretionary Fund and both departmental action as well as criminal prosecution had been instituted against the delinquent police officials. The State Government considered the award of immediate interim relief of Rs. 5.00 lakhs to be “on the higher side”.
Not agreeing with the State Government, the Commission recorded: “A life, which is battered and shattered by the action of the police, for which the State must be held vicariously responsible, cannot be compensated in terms of money. The payment of interim monetary relief is aimed at providing immediate relief by an order of making ‘monetary amends for the wrong done due to breach of public duty, of not protecting the basic of all human rights – right to life – of the citizen”.
It was the considered view of the Commission that the grant of Rs. 5.00 lakhs as immediate interim relief under section 18(3) of the Protection of Human Rights Act, 1993 in the admitted circumstances of the case was neither excessive nor unreasonable. The Commission has asked the Government to send a report of action taken to the Commission within a month, i.e. by 10 May 2003.
It may be recalled that the Commission had taken suo motu cognizance of news items that had appeared in the Indian Express and the Statesman of 18 July 2002 reporting the death of the 21-year-old medical student. According to the reports, the police had fired on the postgraduate student on the Agra-Mathura road while she was returning with a friend to Agra in a car.
The Commission had issued notice to the Chief Secretary and to the Director General of Police, Uttar Pradesh on 23 July 2002 calling for a report on the action taken in this case. It was informed that, in the light of the investigations conducted by the UP Government, the three erring policemen had been sent to jail, and others who had prima-facie been found guilty, had been placed under suspension. The Commission noted that the action taken by the State Government in registering the offence and prosecuting the errant police personnel made this case a fit one for the award of immediate interim relief under the Protection of Human Rights Act, 1993.