PRESS RELEASE

New Delhi, 16th March, 2016

Reiterating its recommendation for payment of rupees one lakh as relief to the family of the victim of a road accident, the National Human Rights Commission, NHRC has set aside the contention of Delhi Government that pending court proceedings in a case of road accident and a departmental enquiry for alleged inaction on part of a police official, it will be premature to pay monetary relief to the next of kin of the deceased.

The Commission has asked the Government of NCT of Delhi through its Chief Secretary to make the payment and send a compliance report along with proof of payment within six weeks.

The Commission also rejected the Delhi Government's contention that the next of kin of the deceased may avail compensation under the Delhi Victim Compensation Scheme, 2011, wherein compensation can be claim in the range of rupees three to five lakh in a case of loss of life.

The NHRC has observed that it is empowered to recommend compensation, where the enquiry discloses violation of human rights. The compensation recommended under Section 18 the Protection of Human Rights Act is an addition to any other provisions covering the subject matter and interrogation of any other provision of law.

The Commission, on the basis of the material on record had found that carelessness of the Head Constable handling the accident case of Bhagwati Devi was prima facie established in the vigilance enquiry. He was suspended and investigation of the criminal case was also at the fag-end.

Mr. Justice D. Murugesan, Member, NHRC has observed that the act of public servant constitutes denial of right to access to justice which is also violation of human rights. The investigating agency has failed to conduct the investigation in a fair and impartial manner. It has abrogated its basic sovereign duty to investigate the crime, which amounts to dereliction. Dereliction of duty to fairly investigate a crime is brutal denial of the Fundamental Right to access to justice and equality before law to the family members of Bhagwati Devi, who died in the road accident and despite the public having caught the person responsible for the accident, the police did not move in the matter professionally bringing the guilty to book.

Bhagwati Devi was hit by a motorcycle in East Delhi on the 24th September, 2013 and succumbed to injuries in a hospital. The public caught the person who was riding the motorcycle and handed him over to the police under Police Station Geeta Colony, but the Head Constable did not handle the case properly leading the case to the category of untraceable. The Commission took the cognizance of the matter on the 27th September, 2013 on the basis of a complaint.

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