NHRC directs Assam Govt. to pay interim relief
New Delhi, 6 October 2004
Observing that the Home Secretary and Director General of Police Assam have not responded to National Human Rights Commission's show cause notice and therefore has no cause to show, the Commission has directed them to comply with its recommendation of payment of interim relief of Rs.1.00 lakh each to the next of kin of three persons who died in a firing incident. Passing directions on 22 September 2004, the Commission gave six weeks time for compliance to be reported and at the same time said it may be constrained to point out that failure to comply with the recommendations would necessitate it to call upon the Home Secretary and the Director General of Police, Assam to appear personally before the Commission on 22 November 2004 to offer personal explanation.
A complaint was received by the Commission alleging killing of three persons and injury to six others in a firing incident reported to have occurred on 3 November 2002 in front of the Langkhasi Police out post of Tinsukia district at Assam.
The Magisterial Inquiry submitted clearly showed that the entire incident took place because of lack of command and control and an irresponsible behaviour of the SI, who was In-charge of Langkhasi Police Station to tackle a simple law and order situation. It also stated that the SI had been placed under suspension with effect from 4 November 2002 and departmental proceedings were drawn up against him.
In view of the findings of the magisterial inquiry, the Commission considered it a fit case for award of interim relief. On 14 October 2003, it issued notice to the Director General of Police and the Home Secretary, Assam to show-cause why compensation of rupees one lakh each be not paid to the next of kin of the three deceased. Monetary relief, if any, paid by the State Government to the next of kin, ex-gratia, can be adjusted against the 'relief' recommended by the Commission, it observed.
The Commission also directed that it be informed about the outcome of the departmental proceedings against the SI.
In response, Inspector General of Police (HR Cell) in his letter dated 28 October 2003 intimated to the Commission that while departmental proceedings against the SI concerned on the charge of gross indiscipline and cowardice were not proved, the charge of negligence of duty and failure to maintain a command and control over the armed constabulary placed at his disposal for duty stood established and a notice has been served on the concerned SI to show cause why three annual increments with cumulative effect be not stopped. However, no reply was given by the State to the show-cause notice of the Commission dated 14 October 2003, despite several reminders.
On 22 September 2004, the Commission observed it is a matter of concern and regret that the State authorities have failed to respond to the show-cause notice issued and therefore the State has no logically acceptable or legally tenable cause to show against the recommendation of interim relief. It then directed that the recommendation made by the Commission on 14 October 2003 for payment of interim relief to the next of kin be complied with and compliance be reported to the Commission within six weeks.
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Observing that the Home Secretary and Director General of Police Assam have not responded to National Human Rights Commission's show cause notice and therefore has no cause to show, the Commission has directed them to comply with its recommendation of payment of interim relief of Rs.1.00 lakh each to the next of kin of three persons who died in a firing incident. Passing directions on 22 September 2004, the Commission gave six weeks time for compliance to be reported and at the same time said it may be constrained to point out that failure to comply with the recommendations would necessitate it to call upon the Home Secretary and the Director General of Police, Assam to appear personally before the Commission on 22 November 2004 to offer personal explanation.
A complaint was received by the Commission alleging killing of three persons and injury to six others in a firing incident reported to have occurred on 3 November 2002 in front of the Langkhasi Police out post of Tinsukia district at Assam.
The Magisterial Inquiry submitted clearly showed that the entire incident took place because of lack of command and control and an irresponsible behaviour of the SI, who was In-charge of Langkhasi Police Station to tackle a simple law and order situation. It also stated that the SI had been placed under suspension with effect from 4 November 2002 and departmental proceedings were drawn up against him.
In view of the findings of the magisterial inquiry, the Commission considered it a fit case for award of interim relief. On 14 October 2003, it issued notice to the Director General of Police and the Home Secretary, Assam to show-cause why compensation of rupees one lakh each be not paid to the next of kin of the three deceased. Monetary relief, if any, paid by the State Government to the next of kin, ex-gratia, can be adjusted against the 'relief' recommended by the Commission, it observed.
The Commission also directed that it be informed about the outcome of the departmental proceedings against the SI.
In response, Inspector General of Police (HR Cell) in his letter dated 28 October 2003 intimated to the Commission that while departmental proceedings against the SI concerned on the charge of gross indiscipline and cowardice were not proved, the charge of negligence of duty and failure to maintain a command and control over the armed constabulary placed at his disposal for duty stood established and a notice has been served on the concerned SI to show cause why three annual increments with cumulative effect be not stopped. However, no reply was given by the State to the show-cause notice of the Commission dated 14 October 2003, despite several reminders.
On 22 September 2004, the Commission observed it is a matter of concern and regret that the State authorities have failed to respond to the show-cause notice issued and therefore the State has no logically acceptable or legally tenable cause to show against the recommendation of interim relief. It then directed that the recommendation made by the Commission on 14 October 2003 for payment of interim relief to the next of kin be complied with and compliance be reported to the Commission within six weeks.
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