Compensation to the victim in a matter of Police High Handedness
New Delhi, January 15, 2009
The Commission received a complaint dated 19/6/2003 from Shri Surendra Singh r/o East Sagarpur, District South West, New Delhi stating that he used to earn his living by making polystone idols. He alleged that Rs. 1,01,500 was due from Shri Pal, which he did not pay despite repeated requests. At the instance of Shri Pal, Head Constable Ashok Kumar and contable Naresh Kumar went to the house of the Complainant on 4th June 2003 in his absence and took away some idol moulds. The complainant approached the Commission for intervention and sought appropriate action against the delinquent police officials.
On the receipt of the complaint, the Commission asked DCP, South West District to hold an inquiry in the matter. The inquiry report was forwarded by DCP(Vigilance) to the Commission which revealed that HC Ashok Kumar and Constable Naresh Kumar had acted on their own without ascertaining the ownership of the disputed articles and they allowed the same to be taken away by Shri Pal in the absence of the complainant.
The Commission considered the aforementioned inquiry report and found that the complainant had become a victim of highhandedness on the part of the police officials. Since the police fails to protect the rights of the complainant, Show cause notice was issued to the Government of NCT, Delhi.The Commissioner of Police responded to the Show Cause Notice and has submitted that both the police officials have been censured for their conduct. However, the grant of monetary relief has been opposed. The Commission finds no merit in the plea of the State. There was no criminal case against the complainant. Therefore, there could have been no occasion for the police officials to go to the house of the complainant or to seize any article lying there. For their wrongful act, the State must compensate the complainant.
The Commission recommends to the Government of NCT of Delhi to pay a sum of Rs. One Lakh as monetary relief to the victim. Compliance report alongwith the proof of payment be submitted to the Commission within eight weeks.
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The Commission received a complaint dated 19/6/2003 from Shri Surendra Singh r/o East Sagarpur, District South West, New Delhi stating that he used to earn his living by making polystone idols. He alleged that Rs. 1,01,500 was due from Shri Pal, which he did not pay despite repeated requests. At the instance of Shri Pal, Head Constable Ashok Kumar and contable Naresh Kumar went to the house of the Complainant on 4th June 2003 in his absence and took away some idol moulds. The complainant approached the Commission for intervention and sought appropriate action against the delinquent police officials.
On the receipt of the complaint, the Commission asked DCP, South West District to hold an inquiry in the matter. The inquiry report was forwarded by DCP(Vigilance) to the Commission which revealed that HC Ashok Kumar and Constable Naresh Kumar had acted on their own without ascertaining the ownership of the disputed articles and they allowed the same to be taken away by Shri Pal in the absence of the complainant.
The Commission considered the aforementioned inquiry report and found that the complainant had become a victim of highhandedness on the part of the police officials. Since the police fails to protect the rights of the complainant, Show cause notice was issued to the Government of NCT, Delhi.The Commissioner of Police responded to the Show Cause Notice and has submitted that both the police officials have been censured for their conduct. However, the grant of monetary relief has been opposed. The Commission finds no merit in the plea of the State. There was no criminal case against the complainant. Therefore, there could have been no occasion for the police officials to go to the house of the complainant or to seize any article lying there. For their wrongful act, the State must compensate the complainant.
The Commission recommends to the Government of NCT of Delhi to pay a sum of Rs. One Lakh as monetary relief to the victim. Compliance report alongwith the proof of payment be submitted to the Commission within eight weeks.
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