Dereliction of duty by police in a road accident in Delhi

The National Human Rights Commission has reiterated that the Government of NCT of Delhi pay rupees one lakh as relief to the family of Bhagwati Devi, who died in a road accident and the police, despite having been handed over the accused, did not take any lawful action and allowed the perpetrator of the alleged crime to go as un-traceable. The Commission has set aside the contention of the Delhi Government that it would be premature to pay the monetary relief pending court proceedings in the case involving police inaction.
The Commission also rejected the contention of the Delhi Government that the next of kin of the deceased may avail compensation under the Delhi Victim Compensation Scheme, 2011, wherein compensation can be claimed 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.
It has also 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.