Thursday, June 28, 2018

Action against inaction of police in dalit atrocities

Case Details of File Number: 10920/24/72/2015
Diary Number
Name of the Complainant

Name of the Victim

Place of Incident

Date of Incident
Direction issued by the Commission
These proceedings shall be read in continuation with earlier proceedings of the Commission. The matter rests thus. The complainant, from an NGO, had alleged that four named accused persons had caused fire to the house of victim woman Savitri Devi w/o Kanta Musahar r/o Vishwanathpur, Tehsil Pindara, PS: Phoolpur, District Varanasi, on 18/03/2015 and her household items got destroyed in the fire. Police did not come to the spot despite the telephone calls made to PCR. On 19/03/2015 the accused persons had abused the victim woman & her daughter and started beating them. When they went to the police station to inform the incident, the accused persons were present outside the police station and started beating them. The victim and her family are living under the fear. Superintendent of Police, Crimes, Nodal Officer, Varanasi in his report dated 01/06/2016 has stated that the complainant had lodged Case Crime No. 251/2015 dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST POA Act, PS: Badagaon against four accused persons. During investigation Section 436 IPC was omitted from the case and the Charge Sheet dated 13/08/2015 was filed against four accused persons. The Commission in its proceedings dated 21/02/2017 had observed: “There was an inordinate delay of about four months in registration of the criminal case in the alleged incident dated 18–19/03/2015. Prima facie allegations of the complainant that police have not taken any action in the matter appear to have sound merits. The Commission had issued Notice dated 13/04/2015 to Senior Superintendent of Police, Varanasi and it was after three months of that Notice, the police had set law into motion. The police report is silent as to reasons for inaction of four months from date of incident. The report is also silent whether or not any financial assistance was provided to the victims under the provisions of SC/ST POA Act. Consequently, the report does not inspire confidence of the commission. The allegations of police inaction are required to be enquired in an impartial manner by the State Authorities. Apparently, the Human Rights of the victims have been violated by the State Police for not setting the law into motion and by delaying the process of law. Although the injuries caused to the victim on reasons of police inaction cannot be undo, but an interim relief of monetary compensation would be a solace to injured sentiments.” The Commission had issued Notice to Chief Secretary, Govt. of Uttar Pradesh to Show Cause why interim relief of monetary compensation of Rs. 25,000/- shall not be granted to the victim as per Section 18 of the Protection of Human Rights Act, 1993. The Commission had directed the Director General of Police, Uttar Pradesh to get a fresh enquiry conducted against the allegations of police inaction for about four months in this matter, from a Gazetted Police Officer of any District other than District Varanasi. It was also directed that appropriate action be taken against delinquent police officers including penal prosecution under Section 166/166A IPC & Sec.4 SC/ST POA Act, in accordance with laws. Deputy Collector, Officer In Charge, Commissions, Varanasi had submitted his report dated 24/03/2017. It was stated that an amount of Rs.22,500/- has been paid to the victim woman under the provisions of SC/ST POA Act. Superintendent of Police, Human Rights, Uttar Pradesh had submitted his report dated 25/05/2017. It was stated that an enquiry has been got conducted through Additional Superintendent of Police, Operations, District Chandauli. It was found that the Shri Ishan Khan, erstwhile Officer In Charge PS: Badagaon, was guilty of dereliction of duties and carelessness with respect to the present case. It would be appropriate to initiate departmental action against him. The Commission had issued Final Reminder dated 20/11/2017 to Chief Secretary, Govt. of Uttar Pradesh to submit the requisite report. However, no response has been received so far. The Commission has perused the record placed before it and considered the matter. It does appear that the State Authorities do not have anything further to say in the matter regarding the proposed recommendation for payment of interim relief of monetary compensation of Rs. 25,000/- to the victim woman. Further, Shri Ishan Khan, erstwhile officer in charge PS: Badagaon, has also been found guilty of dereliction of duty and carelessness, during the enquiry conducted by the police department. Hence, the present case categorically indicate that there was police inaction as alleged by the complainant in the police department. The Commission has taken a serious note of the human right violations caused by the public servants of police department in the present case. The Commission recommends that an interim relief of monetary compensation of Rs. 25,000/- (Rs. Twenty five thousand only) shall be granted to the victim as per Section 18a(i) of the Protection of Human Rights Act, 1993, by the State of Uttar Pradesh. Chief Secretary, State of Uttar Pradesh is directed to submit the Compliance Report alongwith proof of payment within four weeks, without fail.
Action Taken
Relief granted [Compensation, Disciplinary & Prosecution] (Dated 6/1/2018 )
Status on 6/28/2018
Compliance of the Commission's recommendation by the concerned authority is awaited.

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