New Delhi, October 21st, 2010

The National Human Rights Commission has recommended three lakhs rupees each to the next of kin of the eight persons, who died when a live bomb exploded in Chandipur range District Balasore, Orissa on the 26th July, 2002. Three persons were also injured in the incident.

On consideration of the reports and the material on record provided by the Ministry of Defence in response to NHRC's notices in the matter, the Commission observed that the 'BLINDS' which exploded and killed eight persons was picked up by them from the PXE range area, and it belonged to the Defence Research Development Organization, DRDO and no other agency.

The Commission noted that there was some negligence on the part of the Army Personnel in collection of all the shells fired during the test firing at the range. Also there does not appear to be any proper arrangement for preventing access to the site by the villagers who gather used shells for extracting metal out of the same, and this is to the knowledge of the authorities concerned. In this scenario, duty of the DRDO officials becomes even more onerous to collect the BLINDS absolutely.

The DRDO in response to the show cause notice of the Commission said on the 13th September, 2010, that the incident in question cannot be attributed to the DRDO since no such incident was brought to its notice. It also said that it is not possible to enclose the range area by fencing etc. and possibility of a shell getting lost may be there despite efforts to collect 100 per cent shells during the test firing.

The Commission found DRDO's stand as contradictory and said that it is strange that the DRDO remained oblivious of this incident till the year 2009 despite the news report and the first notice in the matter issued by the Commission to the Secretary, Ministry of Defence, Government of India on the 19th December, 2002 on a complaint filed by Mr. T. Duryodhan Reddy.

The Commission is of the considered view that the incident in question took place due to some negligence at some point of time on the part of the officials of the DRDO/PXE range in collecting a 'BLIND' and, hence, the affected persons must be compensated.

The Commission on the 19th October, 2010 directed the Defence Secretary to submit the compliance report along with proof of payment within eight weeks.

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