Compensation to the next of kin of the victim in a matter of Police High Handedness
New Delhi, February 19th , 2009
The National Human Rights Commission has recommended to UP Government to pay 3 Lakh rupees as monetary relief to the next of kin of Subedar Major Roop Singh who died while protesting against the arrest of his nephew Gajender.
The Commission has noted that the facts of this case give rise to a feeling as if we are still living in colonial times. Even after so many years of independence, some police officers have not changed their ways.
The Commission received a complaint dated 10/3/1999 from Smt. Kundan Kumari, wife of Late Subedar Major Roop Singh, Vill. Jiroliya, Post Karau, Thana Ujhani, Badaun, UP alleging that on 8/2/1999 in the night at about 2.30AM police personnel had taken away Gajender, nephew of her husband. On protesting this act, he died as a result of assault by the police with rifle butt on his chest. No FIR was registered, no inquest was done and no post-mortem was conducted and the dead body was hastily cremated. The complainant had prayed for the action against the guilty police personnel.
The Commission took cognizance of the matter and issued notice to DGP, UP for submitting the response within six weeks. The DGP forwarded magisterial inquiry report disclosing that inquiry into the matter was conducted by ADM, Badaun who noted lapses on the part of the police in his report. The report disclosed that the police officers had not properly discharged their duty and had tried to hush up the case. The report concludes that the possibility of death due to assault by police could not be ruled out. ADM, Badaun had recommended CB-CID inquiry into the matter. CB-CID concluded that the allegation of death being caused by a blow of rifle butt had not been proved.
However, it was found that Shri Bankelal, the then SDM, Badaun, Kirpal Singh, the then Circle Officer, Kotwali, SI Ranbir Singh Khagwal and Inspector Vijay Tyagi were guilty of dereliction of duty. Even CB-CID found in its inquiry that the police party led by Kripal Singh had gone to the village of the deceased on the night of occurrence
The Commission considered both the reports i.e. Magisterial Inquiry Report and CB-CID and found that the allegations made by the family of the deceased could not be lightly dismissed and therefore show cause notice was issued to the Government of UP on 20/2/2008 through its Chief Secretary as to why monetary relief should not be given to the next of kin of Subedar Major Roop Singh. No response has been received from the State Government so far. The Commission in its proceedings dated 4/2/2009 observed that if the police had no intention to hush up the matter, it should had registered a criminal case against the delinquent police officials and appropriate investigation should had been undertaken. The omission to direct a post-mortem is inexplicable. If a post mortem had been conducted, the cause of death would have been known and truth would have been revealed. The Commission finds no reason to disagree with the observations made by ADM, Badaun in the Magisterial Inquiry Report and thus on 4/2/2009 recommended to the Government of UP to pay 3 lakh rupees as monetary relief to the next of kin of Subedar Major Roop Singh. The Commission further directed to send compliance report with proof of payment within eight weeks from the date of receipt of the recommendation.
The National Human Rights Commission has recommended to UP Government to pay 3 Lakh rupees as monetary relief to the next of kin of Subedar Major Roop Singh who died while protesting against the arrest of his nephew Gajender.
The Commission has noted that the facts of this case give rise to a feeling as if we are still living in colonial times. Even after so many years of independence, some police officers have not changed their ways.
The Commission received a complaint dated 10/3/1999 from Smt. Kundan Kumari, wife of Late Subedar Major Roop Singh, Vill. Jiroliya, Post Karau, Thana Ujhani, Badaun, UP alleging that on 8/2/1999 in the night at about 2.30AM police personnel had taken away Gajender, nephew of her husband. On protesting this act, he died as a result of assault by the police with rifle butt on his chest. No FIR was registered, no inquest was done and no post-mortem was conducted and the dead body was hastily cremated. The complainant had prayed for the action against the guilty police personnel.
The Commission took cognizance of the matter and issued notice to DGP, UP for submitting the response within six weeks. The DGP forwarded magisterial inquiry report disclosing that inquiry into the matter was conducted by ADM, Badaun who noted lapses on the part of the police in his report. The report disclosed that the police officers had not properly discharged their duty and had tried to hush up the case. The report concludes that the possibility of death due to assault by police could not be ruled out. ADM, Badaun had recommended CB-CID inquiry into the matter. CB-CID concluded that the allegation of death being caused by a blow of rifle butt had not been proved.
However, it was found that Shri Bankelal, the then SDM, Badaun, Kirpal Singh, the then Circle Officer, Kotwali, SI Ranbir Singh Khagwal and Inspector Vijay Tyagi were guilty of dereliction of duty. Even CB-CID found in its inquiry that the police party led by Kripal Singh had gone to the village of the deceased on the night of occurrence
The Commission considered both the reports i.e. Magisterial Inquiry Report and CB-CID and found that the allegations made by the family of the deceased could not be lightly dismissed and therefore show cause notice was issued to the Government of UP on 20/2/2008 through its Chief Secretary as to why monetary relief should not be given to the next of kin of Subedar Major Roop Singh. No response has been received from the State Government so far. The Commission in its proceedings dated 4/2/2009 observed that if the police had no intention to hush up the matter, it should had registered a criminal case against the delinquent police officials and appropriate investigation should had been undertaken. The omission to direct a post-mortem is inexplicable. If a post mortem had been conducted, the cause of death would have been known and truth would have been revealed. The Commission finds no reason to disagree with the observations made by ADM, Badaun in the Magisterial Inquiry Report and thus on 4/2/2009 recommended to the Government of UP to pay 3 lakh rupees as monetary relief to the next of kin of Subedar Major Roop Singh. The Commission further directed to send compliance report with proof of payment within eight weeks from the date of receipt of the recommendation.