NHRC recommends to the Bihar Government to pay Rs. Seven lakhs as monetary relief for causing bullet injuries
New Delhi April 1, 2008
On considering the facts of the case filed by Shri Kamleshwar Prasad Jaiswal, the nature of injury, magnitude of suffering an expenses for treatment, the National Human Rights Commission recommends to the Bihar State government to pay an amount of Rs. Seven lakhs as monetary relief to Shri Kamleshwar Prasad Jaiswal who was injured from the indiscriminate firing by the police.
The unfortunate incident which brought immense suffering to complainant Kamleshwar Prasad Jaiswal, occurred on 17.07.97 at about 12:00 pm. As the complainant passed by the police post situated in the area of Motihari City, Police Station on his scooter, there was indiscriminate firing by the police. The complainant received a bullet injury on his face, which destroyed his jaw and the face was totally disfigured. He was immediately rushed to Sadar hospital Motihari and then to Apollo Burn Hospital, Patna. Therefore, he was referred to CMRI Calcutta where he remained admitted till 1.09.1998. Subsequently he also had to be admitted in CMRI. During this period, he had to undergo 22 operations and even then his condition could not become normal. He submitted the complaint to the Commission on December 26, 2007 and even at that time he was breathing with an aid of an apparatus fitted in his neck. According to the averments made in the complaint, ten more operations were required for restoration of normal health.
FIR was registered on the date of incident itself at Motihari City, Police Station against the police personnel posted at Naka No.1 but as reported later by S.P. of East Champaran, the investigation of the case culminated in FIR and no one was brought to justice.
On consideration of the police report, the Commission, vide proceedings dated 18.05.2007, directed issue of notice to the Government of Bihar u/s 18(3) of the Protection of Human Rights Act, 1993 requiring it to show cause why monetary relief should not be given to the complainant.
The State government did not respond to the Show Cause Notice. On 10.10.2007 reminder was directed to be issued. Even the reminder did not evoke any response from the Bihar State government. Thereafter a final opportunity was given to the State government put forth its objection if any, against the grant of monetary relief. Inspite of the final reminder the Bihar State government has not come forward with any explanation.
The complainant had to pass through untold physical and mental suffering in consequence of an act of indiscretion on the part of police personnel. He received bullet injury on his face. The locus of injury sufficiently indicates that the police neither exercised caution nor abided by the norms which should be ordinarily followed. The Commission is therefore convinced that the State must redress the suffering caused to the complainant.
The complainant had a definite cause to claim monetary relief from the government. Considering all these circumstances it would seem inhumane to say that the complaint was not made within time. As a matter of fact the local police itself appears to be aware of the gravity of the situation and that can be the only reason why it did not raise the objection of limitation at any stage. Moreover, denial of monetary relief at this stage will be a negation of the very concept of human rights and it will defeat the purpose of the Protection of Human Rights Act.
Therefore, the Commission recommends such monetary relief. The Commission has also directed the Chief Secretary of Bihar State government for submitting compliance report alongwith proof of payment within eight weeks.
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On considering the facts of the case filed by Shri Kamleshwar Prasad Jaiswal, the nature of injury, magnitude of suffering an expenses for treatment, the National Human Rights Commission recommends to the Bihar State government to pay an amount of Rs. Seven lakhs as monetary relief to Shri Kamleshwar Prasad Jaiswal who was injured from the indiscriminate firing by the police.
The unfortunate incident which brought immense suffering to complainant Kamleshwar Prasad Jaiswal, occurred on 17.07.97 at about 12:00 pm. As the complainant passed by the police post situated in the area of Motihari City, Police Station on his scooter, there was indiscriminate firing by the police. The complainant received a bullet injury on his face, which destroyed his jaw and the face was totally disfigured. He was immediately rushed to Sadar hospital Motihari and then to Apollo Burn Hospital, Patna. Therefore, he was referred to CMRI Calcutta where he remained admitted till 1.09.1998. Subsequently he also had to be admitted in CMRI. During this period, he had to undergo 22 operations and even then his condition could not become normal. He submitted the complaint to the Commission on December 26, 2007 and even at that time he was breathing with an aid of an apparatus fitted in his neck. According to the averments made in the complaint, ten more operations were required for restoration of normal health.
FIR was registered on the date of incident itself at Motihari City, Police Station against the police personnel posted at Naka No.1 but as reported later by S.P. of East Champaran, the investigation of the case culminated in FIR and no one was brought to justice.
On consideration of the police report, the Commission, vide proceedings dated 18.05.2007, directed issue of notice to the Government of Bihar u/s 18(3) of the Protection of Human Rights Act, 1993 requiring it to show cause why monetary relief should not be given to the complainant.
The State government did not respond to the Show Cause Notice. On 10.10.2007 reminder was directed to be issued. Even the reminder did not evoke any response from the Bihar State government. Thereafter a final opportunity was given to the State government put forth its objection if any, against the grant of monetary relief. Inspite of the final reminder the Bihar State government has not come forward with any explanation.
The complainant had to pass through untold physical and mental suffering in consequence of an act of indiscretion on the part of police personnel. He received bullet injury on his face. The locus of injury sufficiently indicates that the police neither exercised caution nor abided by the norms which should be ordinarily followed. The Commission is therefore convinced that the State must redress the suffering caused to the complainant.
The complainant had a definite cause to claim monetary relief from the government. Considering all these circumstances it would seem inhumane to say that the complaint was not made within time. As a matter of fact the local police itself appears to be aware of the gravity of the situation and that can be the only reason why it did not raise the objection of limitation at any stage. Moreover, denial of monetary relief at this stage will be a negation of the very concept of human rights and it will defeat the purpose of the Protection of Human Rights Act.
Therefore, the Commission recommends such monetary relief. The Commission has also directed the Chief Secretary of Bihar State government for submitting compliance report alongwith proof of payment within eight weeks.
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