NHRC issues show-cause notice to UP Government in the Agra shoot-out case
The National Human Rights Commission has issued show-cause notice to the Government of Uttar Pradesh as to why a sum of Rs. 5.00 lakhs be not awarded as ‘immediate interim relief’ to the next of kin of a medical student who was shot dead by the UP Police due to “mistaken identity”.
The Commission had taken suo-motu cognizance of news items that had appeared in the Indian Express and The Statesman of 18 July 2002 reporting the death of a 21-year-old medical student, Sonali Bose. According to the reports, the police had fired on the post-graduate student of S.N. Medical College, Agra on the Agra-Mathura Road while she was returning with a friend to Agra in the car.
Taking cognizance, the Commission on 23 July 2002 had issued notice to the Chief Secretary and to the Director General of Police, Uttar Pradesh calling for a report of the action taken in this case. Meanwhile, the Commission also received a complaint from the father of the victim calling for an independent inquiry by the Commission, action against the erring policemen and asking for a compensation of Rs. 2.00 Crores from the Government of Uttar Pradesh.
Pursuant to the direction of the Commission, a copy of the report sent by IGP, UP to the Chairman, Committee for Monitoring Compliance of Supreme Court Direction in D.K. Basu Case was received in the Commission which held that in the light of the investigation conducted the three erring policemen had been sent to jail and the others who had been prime-facie found guilty during the inquiry had been placed under suspension. The report also stated that the SSP, Mathura had been asked to monitor the progress of the investigation and submit reports to the Human Right Cell of Uttar Pradesh.
The Commission, in its Proceedings of 16 October 2002, noted the action taken by the State Government in registering the offence and prosecuting the delinquent police personnel and issued a show-cause notice as to why ‘immediate interim relief’ be not awarded under section 18(3) of the Protection of Human Rights Act, 1993, to the next of kin of the deceased.
Subsequently, a report was received from the State Government stating that a sum of Rs.25,000/- had been sanctioned to the family of the victim from the Chief Ministers’ Discretionary Fund. The State Government had also issued a notification on 26 October 2002 to get the matter investigated by the CBI.
Meanwhile, the father of the victim submitted to the Commission a copy of his letter addressed to the Principal of the Medical College in Agra regarding his claim on the outstanding dues of his daughter.
The Commission on 13 January 2003 directed that a notice be issued to the Principal, S.N. Medical College, Agra calling for his response to the letter, indicating the action if any, taken by him in this behalf within four weeks.
In the reply to the show-cause of the Commission for grant of immediate interim relief, the Government of Uttar Pradesh indicated that the investigation into the matter was to be conducted by the CBI and therefore, the outcome of the CBI investigation was awaited for taking further action.
The Commission in its Proceedings of 13 January 2003 observed that this plea of the Uttar Pradesh Government was untenable in view of the settled position with regard to the grant of “immediate interim relief” under section 18(3) of the Protection of Human Rights Act, 1993. This provision of the Act is attracted as soon as a strong prima-facie case is made out of violation of human rights and there is no occasion to await the outcome of any other pending civil, criminal or administrative proceedings for the payment of interim relief, in such a case. The mere fact that the delinquent police personal were being prosecuted by the State Government was by itself more than sufficient to satisfy the requirement of a strong prima-facie case for the award of ‘immediate interim relief’ under section 18(3) of the Act. The Commission held that it was obvious that this clear position indicated repeatedly by the NHRC, including in may cases of violation of human rights in the State of Uttar Pradesh itself, the Raj Kumar Vij’s case being one of them, had been overlooked once again by the Government of Uttar Pradesh.
The Commission has thus called for a further reply if any, to the show-cause notice that had already been issued by the Commission, within four weeks i.e. by mid February 2003, to enable the Commission to decide why a sum of Rs. 5.00 lakhs be not awarded as ‘immediate interim relief’ to the next of kin of the deceased for being paid by the Government of Uttar Pradesh.
The Commission had taken suo-motu cognizance of news items that had appeared in the Indian Express and The Statesman of 18 July 2002 reporting the death of a 21-year-old medical student, Sonali Bose. According to the reports, the police had fired on the post-graduate student of S.N. Medical College, Agra on the Agra-Mathura Road while she was returning with a friend to Agra in the car.
Taking cognizance, the Commission on 23 July 2002 had issued notice to the Chief Secretary and to the Director General of Police, Uttar Pradesh calling for a report of the action taken in this case. Meanwhile, the Commission also received a complaint from the father of the victim calling for an independent inquiry by the Commission, action against the erring policemen and asking for a compensation of Rs. 2.00 Crores from the Government of Uttar Pradesh.
Pursuant to the direction of the Commission, a copy of the report sent by IGP, UP to the Chairman, Committee for Monitoring Compliance of Supreme Court Direction in D.K. Basu Case was received in the Commission which held that in the light of the investigation conducted the three erring policemen had been sent to jail and the others who had been prime-facie found guilty during the inquiry had been placed under suspension. The report also stated that the SSP, Mathura had been asked to monitor the progress of the investigation and submit reports to the Human Right Cell of Uttar Pradesh.
The Commission, in its Proceedings of 16 October 2002, noted the action taken by the State Government in registering the offence and prosecuting the delinquent police personnel and issued a show-cause notice as to why ‘immediate interim relief’ be not awarded under section 18(3) of the Protection of Human Rights Act, 1993, to the next of kin of the deceased.
Subsequently, a report was received from the State Government stating that a sum of Rs.25,000/- had been sanctioned to the family of the victim from the Chief Ministers’ Discretionary Fund. The State Government had also issued a notification on 26 October 2002 to get the matter investigated by the CBI.
Meanwhile, the father of the victim submitted to the Commission a copy of his letter addressed to the Principal of the Medical College in Agra regarding his claim on the outstanding dues of his daughter.
The Commission on 13 January 2003 directed that a notice be issued to the Principal, S.N. Medical College, Agra calling for his response to the letter, indicating the action if any, taken by him in this behalf within four weeks.
In the reply to the show-cause of the Commission for grant of immediate interim relief, the Government of Uttar Pradesh indicated that the investigation into the matter was to be conducted by the CBI and therefore, the outcome of the CBI investigation was awaited for taking further action.
The Commission in its Proceedings of 13 January 2003 observed that this plea of the Uttar Pradesh Government was untenable in view of the settled position with regard to the grant of “immediate interim relief” under section 18(3) of the Protection of Human Rights Act, 1993. This provision of the Act is attracted as soon as a strong prima-facie case is made out of violation of human rights and there is no occasion to await the outcome of any other pending civil, criminal or administrative proceedings for the payment of interim relief, in such a case. The mere fact that the delinquent police personal were being prosecuted by the State Government was by itself more than sufficient to satisfy the requirement of a strong prima-facie case for the award of ‘immediate interim relief’ under section 18(3) of the Act. The Commission held that it was obvious that this clear position indicated repeatedly by the NHRC, including in may cases of violation of human rights in the State of Uttar Pradesh itself, the Raj Kumar Vij’s case being one of them, had been overlooked once again by the Government of Uttar Pradesh.
The Commission has thus called for a further reply if any, to the show-cause notice that had already been issued by the Commission, within four weeks i.e. by mid February 2003, to enable the Commission to decide why a sum of Rs. 5.00 lakhs be not awarded as ‘immediate interim relief’ to the next of kin of the deceased for being paid by the Government of Uttar Pradesh.