NHRC recommends Three Lakhs rupees as monetary relief in a case of fake encounter in U.P.

New Delhi the 28th July 2009.

The National Human Rights Commission recommended an amount of Three Lakhs rupees as monetary relief to the next of kin of Manisha, 40 years, who died in a fake police encounter in Tajgang Police station area of Agra in Uttar Pradesh on 8th September, 2000. The Commission has also asked the Chief Secretary, Government of Uttar Pradesh to submit the compliance report along with proof of payment within eight weeks from the receipt of Commission's recommendations.

The Commission took the cognizance on the complaint lodged by Shir Gafoor son of Manisha.

The police claimed that it was a case of an encounter. According to local police, Manisha had illicit relations with one Shiv Narayan and on the night of occurrence she had gone with Shiv Narayan to a tube well. The owner of the tube well Champa Ram, felt that some criminals were hiding at his tube well. He raised alarm. Two Constables namely Netrapal and Vijendra happened to pass by and they noticed some movements at the tube well and the persons at the tube well to surrender. There was firing from the side of tube well. The Constables fired one round each in self defence and in the process Manisha was hit by one bullet. Shiv Narayan was apprehended from the tube well and FIR No. 336/2000 u/s 307 IPC was registered at P.S. Tajgang. Shiv Narayan was sent for trial, but he was acquitted by the Court.

The Commission not satisfied with the police report, directed the State Government on 18th July 2001 to order a CB-CID enquiry of the incident. CB-CID found that Manisha and Shiv Narayan had no arms with them and the police had concocted a false story of an encounter. The investigation of CB-CID also revealed that the seizure memos and other police records had been fabricated. CB-CID had recommended prosecution of two Constables under Section 304 IPC.

On the basis of the report of CB-CID, the Commission had issued Show Cause Notice to the Government of UP and in its reply vide communication dated 2nd April, 2009 they agreed to give monetary relief to the next of kin of the deceased Manisha.