NHRC to UP Government; pay Rs.5 lakh as monetary relief in a case of fake encounter (07.7.2014)
PRESS RELEASE
New Delhi, 7th July, 2014
Setting aside the contention of the Uttar Pradesh Government upholding the genuineness of an encounter on the basis of a magisterial enquiry report and investigation by the CBCID, the National Human Rights Commission has recommended that it pay Rs.5 lakh as monetary relief to the next of kin of Rakesh @ Chache, who was killed in a fake encounter by the State police in Aligarh on the 11th February, 2009. On the basis of the material on record, the Commission has observed that "Rakesh @ Chache may have been a hardened criminal but the police did not have a license to kill him in an extra-judicial manner." The Chief Secretary of the State Government has been given eight weeks time to submit the compliance report along with proof of payment.
The Commission took the cognizance of the incident on the basis of a telegraphic complaint from Viresh about the killing of his younger brother Rakesh. Subsequently, another complaint was received from his mother. She had alleged that her son was picked up by the police from the house of his relative on the 10th February, 2009 in the presence of her daughter. She had gone to police station Sasani Gate, Aligarh along with four persons and saw Rakesh in the lock-up.
However, during the course of enquiry, the police claimed that on the 11th February, 2009, SOG In-Charge received a secret information that two criminals were standing with a motorcycle in front of the Mazar Gate of Civil Court. On seeing the police approach them, they started the motorcycle and sped towards Jamalpur.
The pillion rider fired at the chasing police party and the bullet hit the police jeep. The police retaliated the fire in self-defence. After sometime, police found a criminal lying injured, who was identified as Rakesh @ Chache. He was sent to the hospital but was declared dead. A Constable, who had a firearm wound on his right hand was also sent to hospital for treatment.
However, the Commission found that there was no record produced about the flash message received by the SOG from Police Control Room. No photograph was taken of the police vehicle allegedly hit by the bullet. Moreover, the vehicle was sent for mechanical inspection on the 13th March, 2009, more than a month after the incident. The sister of the deceased was not examined and the later part of the statement of his mother reiterating her allegations about the fake encounter were completely ignored by the CBCID.
The CBCID also did not examine those who had accompanied deceased mother to the police station. The medical record of J.N. Medical College was not seized by the CBCID, where the injured Constable was taken for treatment. According to the police version, Rakesh was injured in exchange of fire. However, the post mortem revealed blackening in three firearm wounds on the chest of the deceased.
The injured Constable made improvement in his statement given to the Magistrate while deposing before the CBCID by saying that after J.N. Medical College, he was admitted in Varun Hospital for better treatment. However, there was not a whisper about the admission of the concerned Constable in Varun Hospital either in the FIR or during the magisterial enquiry. It appeared that the story of admission of the Constable in Varun Hospital was subsequently thought of. Even if the discharge slip of Varun Hospital were to be believed, the Constable was hit by the bullet on his right forearm and the bullet passed through and through. Yet he testified before the SDM during magisterial enquiry that he had signed the 'Fard'.
The Commission, therefore, was unable to understand as to how a person who had received a bullet injury on the right forearm a short while earlier could have signed the 'Fard'. The Commission found the police version of the incident non-credible and the CBCID investigation report unacceptable.
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New Delhi, 7th July, 2014
Setting aside the contention of the Uttar Pradesh Government upholding the genuineness of an encounter on the basis of a magisterial enquiry report and investigation by the CBCID, the National Human Rights Commission has recommended that it pay Rs.5 lakh as monetary relief to the next of kin of Rakesh @ Chache, who was killed in a fake encounter by the State police in Aligarh on the 11th February, 2009. On the basis of the material on record, the Commission has observed that "Rakesh @ Chache may have been a hardened criminal but the police did not have a license to kill him in an extra-judicial manner." The Chief Secretary of the State Government has been given eight weeks time to submit the compliance report along with proof of payment.
The Commission took the cognizance of the incident on the basis of a telegraphic complaint from Viresh about the killing of his younger brother Rakesh. Subsequently, another complaint was received from his mother. She had alleged that her son was picked up by the police from the house of his relative on the 10th February, 2009 in the presence of her daughter. She had gone to police station Sasani Gate, Aligarh along with four persons and saw Rakesh in the lock-up.
However, during the course of enquiry, the police claimed that on the 11th February, 2009, SOG In-Charge received a secret information that two criminals were standing with a motorcycle in front of the Mazar Gate of Civil Court. On seeing the police approach them, they started the motorcycle and sped towards Jamalpur.
The pillion rider fired at the chasing police party and the bullet hit the police jeep. The police retaliated the fire in self-defence. After sometime, police found a criminal lying injured, who was identified as Rakesh @ Chache. He was sent to the hospital but was declared dead. A Constable, who had a firearm wound on his right hand was also sent to hospital for treatment.
However, the Commission found that there was no record produced about the flash message received by the SOG from Police Control Room. No photograph was taken of the police vehicle allegedly hit by the bullet. Moreover, the vehicle was sent for mechanical inspection on the 13th March, 2009, more than a month after the incident. The sister of the deceased was not examined and the later part of the statement of his mother reiterating her allegations about the fake encounter were completely ignored by the CBCID.
The CBCID also did not examine those who had accompanied deceased mother to the police station. The medical record of J.N. Medical College was not seized by the CBCID, where the injured Constable was taken for treatment. According to the police version, Rakesh was injured in exchange of fire. However, the post mortem revealed blackening in three firearm wounds on the chest of the deceased.
The injured Constable made improvement in his statement given to the Magistrate while deposing before the CBCID by saying that after J.N. Medical College, he was admitted in Varun Hospital for better treatment. However, there was not a whisper about the admission of the concerned Constable in Varun Hospital either in the FIR or during the magisterial enquiry. It appeared that the story of admission of the Constable in Varun Hospital was subsequently thought of. Even if the discharge slip of Varun Hospital were to be believed, the Constable was hit by the bullet on his right forearm and the bullet passed through and through. Yet he testified before the SDM during magisterial enquiry that he had signed the 'Fard'.
The Commission, therefore, was unable to understand as to how a person who had received a bullet injury on the right forearm a short while earlier could have signed the 'Fard'. The Commission found the police version of the incident non-credible and the CBCID investigation report unacceptable.
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