Bihar Government complies with NHRC’s directions

The Government of Bihar has recently complied with two separate directions of the National Human Rights Commission, albeit after a delay of more than one year. Both the cases were brought to the notice of the Commission in December 1998 by Shri N.K. Singh. The first case relates to the death of a DSP, Shri Satyapal in an encounter with a gang of criminals due to the delay in arrival of police reinforcements from the district headquarters. According to the complaint, the delay was politically motivated and even after the incident no effort was made to arrest the five accused persons. The report called for by the Commission confirmed the death of Shri Singh had occurred due to lack of planning and urgency in collecting police force for help. On examining the report, the Commission felt that the district headquarters did not reflect due and professional appreciation and the sense of urgency the matter demanded. The Superintendent of Police, Saharsa failed to realise the gravity of the situation and instead of rushing to the scene of encounter himself with adequate force, he left the matter to a junior, who managed to reach the place with just a few persons and after a delay of more than four hours. The Commission also felt that the efforts to apprehend the assailants were halfhearted and there was deliberate investigative inaction which could be due to their political affiliation. The Commission, by its order dated 22 March 1999, had directed that a Show-Cause notice to be issued to the Superintendent of Police on the ground of his failure to realise the gravity and urgency of the situation, his decision to leave the matter to his ASP instead of dealing with it himself and his failure to ensure prompt arrest and proper investigation of the case against the assailants. The Commission had also directed that the widow of the DSP should be paid an interim relief of Rs. 5 lakh by the Bihar Government and should be given a suitable job in accordance with her academic and other qualification in the service of the government. The reply of the Superintendent of Police to the Show-Cause notice of the Commission, was not found to be satisfactory and on 7 September 1999, the Commission asked the State Government to initiate formal departmental action against him. On 31 March 2000, the Bihar Government paid the widow of the DSP, Smt. Seema Rani, Rs. 5 lakhs as compensation and on 28 June 2000, she was appointed as a Teacher in Government school in Patna. The Bihar Government has also initiated departmental action against the then SP, Saharsa. The second case pertains to the brutal killing of one Santosh Kumar Singh on 12 December 1998 by the officer in-charge of the Biharigunj Police Station in Purnea district of Bihar. According to the complaint, a police posse headed by the Sub Inspector raided the village of Shri Singh, who protested against the abusive language being used by the SI for which the latter fired at him, chased him into his house and shot at him again. The police then loaded Shri Santosh Singh into their jeep and falsely roked in three more persons who tried to stop them. According to the complainant, the higher officials of the Biharigunj Police Station as well as the Sub-divisional headquarters when approached had no knowledge of the raid. Shri Santosh Singh died of his injuries the next day and the police who initially refused to hand-over the dead body later did not allow the family members to take the body back to their village. He was cremated in Purnea. The Commission had the case investigated by the former DGP, UP and the then DG, CRPF, S.D.M. Tripathi. On considering the report of Shri Tripathi, the Commission observed that there was substantial evidence to prove that the SI had killed Shri Santosh Kumar. The latter had fabricated a story of police encounter as a cover-up and had also falsely stated to Shri Tripathi that arms were found in the possession of Santosh Singh who had no previous criminal records whatsoever. The SI had also forcibly taken three more persons and kept them in informal custody where they were made to sign blank papers. The police had displayed lack of humanity in withholding the information about the condition and whereabouts of Shri Santosh Kumar from his family and in denying his body to be cremated in his own village. They had also show insensitivity in not providing him immediate medical aid and had even denied him drinking water when he was injured. It was indisputable that Shri Kumar was died in police custody and the fact that no magisterial inquiry was conducted showed a lack of responsibility of the district SP. The Commission thus, recommended that the Government should place the SI under suspension pending the final outcome of the case of murder of Shri Singh, which should be investigated by the CBI. The Superintendent of Police of Purnea should be transferred in the interest of prompt and impartial investigation by the CBI. The young widow of Shri Kumar should be paid immediate interim relief of Rs.5 lakh. Compliance to the Commission’s directions has been confirmed to the Commission by a letter of Bihar Government dated 26 June 2000