| Case No.- 13140/24/71/2021-AD | | NATIONAL HUMAN RIGHTS COMMISSION | | (LAW DIVISION) | | * * * | | MANAV ADHIKAR BHAWAN, BLOCK-C, | | G.P.O. COMPLEX, INA, NEW DELHI- 110023 | | Fax No.: 011-24651332 Website: www.nhrc.nic.in | | |
| | | Sub : Complaint/Intimation from | LENIN RAGHUVANSHI
SA 4/2 A DAULATPUR, VARANASI - 221002
VARANASI , UTTAR PRADESH
221002
Email- cfr.pvchr@gmail.com , Mob No- 9935599331 |
| | | Subject: Relief granted [Compensation, Disciplinary & Prosecution](CMP) -13140/24/71/2021-AD. | | | | Sir/Madam, | | | | I am directed to say that the matter was considered by the Commission on 31/12/2021 and the Commission has directed as follows.: | | | | | File has been put up before this Bench as Member(M-2) Justice Sh. P.C. Pant has demitted office.
On 22.10.2021, the Commission took cognizance in the matter, as the complainant had brought to the notice of the Commission a news report wherein it was reported that a 18 year old vegetable vendor died after he was caught over charges of defying Covid-19 lockdown norms and mercilessly beaten by the Police Constable and Homeguard in Bangarmau in Unnao District. The victim succumbed to the injuries. The report further stated that both the police personnel had been suspended.
The Commission had directed to transmit the copy of the complaint to the District Magistrate, Unnao and the Superintendent of Police, Unnao, Uttar Pradesh calling for a report in the matter within six weeks.
The SP, Unnao had submitted a report that the deceased was brought to the police station by Constable Vijay Chaudhary and Home Guard Satya Prakash later on the allegations of assault by the police officer a case u/s. 302 IPC stands registered against the police officials.
Subsequently, Home Guard, Satya Prakash and Constable Vijay Chaudhary were arrested on 25.5.2021 and sent to judicial custody, while a service of Home Guard, Satya Prakash had been terminated.
The report submitted by the SP, Unnao apparently makes out a case of violation of human rights of the deceased by the police officials, who apprehended him for the violation of lockdown protocol and thereafter assaulted him. The fact of registration of FIR and disciplinary proceedings is sufficient admission on the part of local police, Unnao of the act of police atrocities leading to loss of life of a civilian, who was an 18 year old, petty vegetable vendor. It was an appropriate case, where recommendation of compensation should be made by the Commission against the Government of UP for its vicarious liability for the acts of atrocities of the police officials.
Therefore, a show cause notice was issued under section 18(a)(i) of the PHR Act, 1993 to the Govt. of UP through its Chief Secretary to file a reply in a period of six weeks, as to why the Commission should not recommend a compensation of Rs. 5 Lac (Rupees Five Lac only) to be paid by the State to the next of kin of the deceased.
The O/o. Supdt. of Police, Unnao has again requested the facts of incident and registration of case and disciplinary proceedings. The report submitted does not indicate anything substantial to controvert the findings of the Commission for recommendation of compensation of Rupees Five Lakhs to the next of kin of the deceased, who lost his life due to acts of atrocities of police officer.
Thus, recommendation is hereby made to the Govt. of UP through its Chief Secretary to pay of compensation of Rupees Five Lakhs (5 Lakhs) to the next of the kin of the deceased.
The Chief Secretary to the State of Uttar Pradesh shall ensure disbursement of the compensation amount of sum of Rupees Five Lakhs to the next of the kin of deceased, under his personal responsibility and inform the Commission the same in a period of Four weeks.
Put up after Four weeks. | | | | | | It is therefore, requested that the compliance report in the matter be sent to the Commission latest by 07/02/2022, so that the same could be placed before the Commission. | | | | Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login), or through Speed Post/ at email-id cr.nhrc@nic.in. Any Audio/ Video CDs/ pen drives etc. and bulky reports may be sent through Speed Post/ per bearer. | | | | |
Your’s faithfully Sd/- Indrajeet Kumar DEPUTY REGISTRAR (LAW) M-2 Section Ph. No. 011-24663287 Email. ar2.nhrc@nic.in |
| CC to | | Complainant Details Case No. 13140/24/71/2021-AD LENIN RAGHUVANSHI SA 4/2 A DAULATPUR, VARANASI - 221002 VARANASI , UTTAR PRADESH 221002 Email- cfr.pvchr@gmail.com , Mob No- 9935599331 Indrajeet Kumar DEPUTY REGISTRAR (LAW) M-2 Section Ph. No. 011-24663287 Email. ar2.nhrc@nic.in
#COVID, #Police torture, #Vendor:#NHRC
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