New Delhi, March 26th, 2010

Setting aside the claims and counter claims of the Haryana Police and Police administration of Union Territory of Chandigarh as to who would pay the monetary relief to a lady victim of a gang rape by the police personnel, the Commission finally recommended that the Government of Haryana pay rupees three lakhs to the victim.
In its proceedings on the 23rd March, 2010, the Commission observed that based on the inquiry reports of the Director General Police, Haryana, the crime was committed by the Haryana police personnel, and therefore the Government of Haryana is liable to compensate the victim.
The Commission took up the matter under the case no. 3340/7/0/07-08-WC on the 28th February, 2008 in a suo motu cognizance of the media reports carried on the 22nd February, 2008 alleging that a 40 year old lady was dragged out of an auto-rickshaw by Haryana Armed police personnel Dinesh, in Sector-7 of Chandigarh, just 100 meters from the high security Haryana and Punjab Raj Bhawans in the early morning hours of the 21st February, 2008. He took her to his quarter where she was gang raped by him, his guest Situ and Commando Bijender Singh.
The Commission sought the report from DGP, Haryana in the matter. The DGP, Haryana vide communication dated 15th May, 2008 sent a report which revealed that a case crime no. 36 u/s 341/342/376/506/323/34/IPC was registered at police station Sector-3, Chandigarh against the culprits of gang rape on the 21st February, 2008. A charge sheet in respect of FIR No. 36 dated 21st February, 2008 u/s 376 was already filed in the court at Chandigarh, and the trial of the accused persons was in the progress.
Commando Bijender Singh was arrested and sent to the judicial custody. He was also suspended and a departmental inquiry was initiated against him. However, quoting statement of the victim in FIR, it was said in the report that Bijender was not involved in her rape. Constable Dinesh Kumar was dismissed from the service on 6th August, 2008 after found guilty in a departmental inquiry in the matter.
After consideration of the reports received from DGP, Haryana the Commission issued notice to the Government of Haryana to show cause why monetary relief should not be given to the victim. However, the DGP, Haryana informed the Commission that the matter pertained to the Union Territory of Chandigarh. Hence, a show cause notice was issued to the Administrator of UT of Chandigarh.
In response to this, the Inspector General of Police, UT of Chandigarh said that the accused Constable was the employee of the Haryana Government, hence, the liability for the payment of monetary relief to the victim lies with them. The Commission found the stand taken by the Administration of UT of Chandigarh correct. Again a notice was issued to the Government of Haryana. In response the DGP, Haryana took the stand that since the crime took place within the jurisdiction of UT of Chandigarh, it is the liability of Chandigarh Administration to compensate the victim of the crime.
The Commission observed that no public servant of UT of Chandigarh was involved in the crime. The Government of Haryana had also taken disciplinary action against the two police personnel Dinesh and Bijender involved in the crime. Hence, the Commission recommended that Government of Haryana pay monetary relief to the victim. It has also asked for a compliance report along with proof of payment within six weeks after the date of receipt from the Chief Secretary of the State.
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