Show-cause notice issued to UP Government in Agra shoot-out case
The Commission has issued a show-cause notice to the Government of Uttar Pradesh asking as to why a sum of Rs. 5.00 lakhs be not awarded as 'immediate interim relief' to the next of kin of a medical student who was shot dead by the UP Police in a case of “mistaken identity”.
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 a 21-year-old medical student, Sonali Bose. According to the reports, the police had fired on the post-graduate student of S.N. Medical College, Agra on the Agra-Mathura Road while she was returning with a friend to Agra in a car.
The Commission 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 also received a complaint from the father of the victim calling for an independent inquiry by the Commission, action against the erring policemen and asking for compensation of Rs. 2.00 Crores from the Government of Uttar Pradesh.
Pursuant to the direction of the Commission, a copy of the report sent by IGP, UP to the Chairman, Committee for Monitoring Compliance of the Supreme Court Direction in the D.K. Basu Case was received in the Commission. It held that, in the light of the investigation conducted, three erring policemen had been sent to jail, and others, who had prime-facie been found guilty during the inquiry, had been placed under suspension. The report also stated that the SSP, Mathura had been asked to monitor the progress of the investigation and submit reports to the Human Right Cell of Uttar Pradesh.
The Commission, in its Proceedings of 16 October 2002, noted the action taken by the State Government in registering the offence and prosecuting the delinquent police personnel and issued a show-cause notice as to why 'immediate interim relief' be not awarded under section 18(3) of the Protection of Human Rights Act, 1993, to the next of kin of the deceased.
Subsequently, a report was received from the State Government stating that a sum of Rs.25,000/- had been sanctioned to the family of the victim from the Chief Ministers' Discretionary Fund. The State Government had also issued a notification on 26 October 2002 to get the matter investigated by the CBI.
Meanwhile, the father of the victim submitted to the Commission a copy of his letter addressed to the Principal of the Medical College in Agra regarding his claim on the outstanding dues payable to his daughter.
The Commission on 13 January 2003 directed that a notice be issued to the Principal, S.N. Medical College, Agra calling for his response to the letter, indicating the action, if any, taken by him in this behalf.
In the reply to the show-cause notice of the Commission for the grant of immediate interim relief, the Government of Uttar Pradesh indicated that the investigation into the matter was to be conducted by the CBI and, therefore, the outcome of the CBI investigation was awaited before further action was taken.
The Commission, in its Proceedings of 13 January 2003, observed that this plea of the Uttar Pradesh Government was untenable in view of the settled position with regard to the grant of 'immediate interim relief' under section 18(3) of the Protection of Human Rights Act, 1993. This provision of the Act is attracted as soon as a strong prima-facie case is made out of violation of human rights and there is no occasion to await the outcome of any other pending civil, criminal or administrative proceedings for the payment of interim relief in such a case. The mere fact that the delinquent police personnel were being prosecuted by the State Government was by itself more than sufficient to satisfy the requirement of a strong prima-facie case for the award of 'immediate interim relief' under section 18(3) of the Act. The Commission held that it was obvious that this clear position, indicated repeatedly by the NHRC, including in many cases of violation of human rights in the State of Uttar Pradesh itself, the Raj Kumar Vij case being one of them, had been overlooked once again by the Government of Uttar Pradesh.
The Commission has thus called for a further reply to the show-cause notice that had already been issued to enable it to decide why a sum of Rs. 5.00 lakhs should not be awarded as 'immediate interim relief' to the next of kin of the deceased to be paid by the Government of Uttar Pradesh.
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 a 21-year-old medical student, Sonali Bose. According to the reports, the police had fired on the post-graduate student of S.N. Medical College, Agra on the Agra-Mathura Road while she was returning with a friend to Agra in a car.
The Commission 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 also received a complaint from the father of the victim calling for an independent inquiry by the Commission, action against the erring policemen and asking for compensation of Rs. 2.00 Crores from the Government of Uttar Pradesh.
Pursuant to the direction of the Commission, a copy of the report sent by IGP, UP to the Chairman, Committee for Monitoring Compliance of the Supreme Court Direction in the D.K. Basu Case was received in the Commission. It held that, in the light of the investigation conducted, three erring policemen had been sent to jail, and others, who had prime-facie been found guilty during the inquiry, had been placed under suspension. The report also stated that the SSP, Mathura had been asked to monitor the progress of the investigation and submit reports to the Human Right Cell of Uttar Pradesh.
The Commission, in its Proceedings of 16 October 2002, noted the action taken by the State Government in registering the offence and prosecuting the delinquent police personnel and issued a show-cause notice as to why 'immediate interim relief' be not awarded under section 18(3) of the Protection of Human Rights Act, 1993, to the next of kin of the deceased.
Subsequently, a report was received from the State Government stating that a sum of Rs.25,000/- had been sanctioned to the family of the victim from the Chief Ministers' Discretionary Fund. The State Government had also issued a notification on 26 October 2002 to get the matter investigated by the CBI.
Meanwhile, the father of the victim submitted to the Commission a copy of his letter addressed to the Principal of the Medical College in Agra regarding his claim on the outstanding dues payable to his daughter.
The Commission on 13 January 2003 directed that a notice be issued to the Principal, S.N. Medical College, Agra calling for his response to the letter, indicating the action, if any, taken by him in this behalf.
In the reply to the show-cause notice of the Commission for the grant of immediate interim relief, the Government of Uttar Pradesh indicated that the investigation into the matter was to be conducted by the CBI and, therefore, the outcome of the CBI investigation was awaited before further action was taken.
The Commission, in its Proceedings of 13 January 2003, observed that this plea of the Uttar Pradesh Government was untenable in view of the settled position with regard to the grant of 'immediate interim relief' under section 18(3) of the Protection of Human Rights Act, 1993. This provision of the Act is attracted as soon as a strong prima-facie case is made out of violation of human rights and there is no occasion to await the outcome of any other pending civil, criminal or administrative proceedings for the payment of interim relief in such a case. The mere fact that the delinquent police personnel were being prosecuted by the State Government was by itself more than sufficient to satisfy the requirement of a strong prima-facie case for the award of 'immediate interim relief' under section 18(3) of the Act. The Commission held that it was obvious that this clear position, indicated repeatedly by the NHRC, including in many cases of violation of human rights in the State of Uttar Pradesh itself, the Raj Kumar Vij case being one of them, had been overlooked once again by the Government of Uttar Pradesh.
The Commission has thus called for a further reply to the show-cause notice that had already been issued to enable it to decide why a sum of Rs. 5.00 lakhs should not be awarded as 'immediate interim relief' to the next of kin of the deceased to be paid by the Government of Uttar Pradesh.