Wednesday, October 16, 2024

National Human Rights Commission Calls for Additional Reports on Alleged Police Encounter in Kaushambi



 On 15th October 2024, the National Human Rights Commission (NHRC) issued an order requesting additional information in a case involving the alleged death of Vijay Soni, who died in an encounter with the police in Kaushambi, Uttar Pradesh. The case, filed by human rights activist Lenin Raghuvanshi, raises serious questions about police conduct and potential violations of human rights during the incident.

Background of the Case

According to the complaint, on 10th September 2023, police personnel arrived at the house of Vijay Soni, a resident of Kaushambi, and began beating him. When his mother intervened, the officers allegedly abused her and threatened to drag her away. After being detained, Vijay disappeared, and his family was unable to trace him at the local police station.

The complaint further states that on 12th September 2023, Vijay was taken to a forest area by the police, tied up, and forced to handle a pistol. The police allegedly filmed this, fired shots at Vijay, and ultimately delivered him to Swaroop Rani Hospital in a critical condition. Tragically, he died during treatment. His mother, Smt. Anju Devi, also filed a complaint with the NHRC, which was combined with this case.

Action Taken So Far

In response to the initial complaint, the Additional Superintendent of Police, Kaushambi, submitted a report claiming that Vijay died in a police encounter. The report referenced two First Information Reports (FIRs) filed under Charwa PS FIR Nos. 197/2023 and 198/2023, accusing Vijay of criminal activity and detailing the events leading to the encounter.

A magisterial inquiry into the encounter was also conducted, and the report was submitted to the NHRC. However, the Commission, upon reviewing the material, found the reports incomplete and has requested further evidence to clarify the circumstances surrounding Vijay’s death.

NHRC’s Additional Information Request

The NHRC has directed the Superintendent of Police, Kaushambi, to provide comprehensive documentation within six weeks, including:

  • General Diary (GD) entries related to the departure and return of the police before and after the encounter.
  • FIR copies (with English translations if necessary).
  • Seizure memos and the MLC (Medico-Legal Case) reports of any injured police personnel.
  • Criminal history of the deceased, if any exists.
  • A detailed site plan of the encounter scene.
  • A postmortem report with specific details about the nature of Vijay’s injuries, including any evidence of close-range firing such as blackening or charring.
  • Results from a forensic examination of the victim’s "hand wash" to determine if gunpowder residue was present, suggesting whether he fired a weapon.
  • Ballistic and fingerprint reports to confirm whether the weapon recovered from the scene was indeed fired by Vijay.
  • Reports from the investigation agency about the case status.

Why This Matters

The NHRC’s call for detailed reports highlights the ongoing struggle to ensure accountability in police encounters. Such incidents often raise suspicions of extra-judicial killings, or "fake encounters," where the police are accused of fabricating stories to justify unlawful actions. The NHRC’s involvement is a crucial step in seeking truth and justice for the victims of these encounters and ensuring that human rights violations are not left unchecked.

The incident in Kaushambi has gained significant attention due to the allegations that Vijay Soni was not only unjustly beaten and detained but also framed in a staged encounter. The outcome of the NHRC’s investigation will be critical in determining whether the police acted lawfully or were complicit in a gross violation of human rights.

Next Steps

The NHRC has given the concerned authorities a deadline of 6th December 2024 to submit all the requested documents and reports. The Commission’s focus on transparency and thorough investigation underscores its commitment to upholding human rights standards in India.

This case will be closely followed by human rights organizations, legal experts, and the public, as it touches upon critical issues related to police accountability, the rule of law, and the protection of citizens’ rights.

Lenin Raghuvanshi, who has been actively advocating for the victim’s family, expressed hope that the NHRC’s inquiry will lead to justice for Vijay Soni and his family. The NHRC’s call for extensive documentation from the police and forensic experts represents a significant step towards achieving that justice.

Stay tuned for further updates on this evolving story.

A Tragic Tale of Betrayal: Seeking Justice Amidst Police Brutality and Corruption

Narayan Prasad's heart-wrenching narrative exposes the grim realities of seeking justice in the face of rampant police brutality and corruption. His emotional account sheds light on the challenges faced by countless individuals like him, struggling to navigate a system rife with injustice and deceit.

Narayan's voice echoes with anguish as he recounts the treacherous path he was forced to tread in pursuit of justice for his beloved son, Vijay. Despite the cruel hand fate dealt him, his resilience shines through, bearing witness to the inherent strength of a grieving father. His experience at the hands of the very legal system meant to protect citizens unravels a shocking tale of betrayal, with the lawyer he trusted compromising with the police instead of offering genuine support.

The overwhelming grief that continues to consume Narayan is palpable as he recounts the injustice his son endured. Vijay, a 21-year-old laborer, was subjected to unlawful arrest, brutal assault, and police coercion, leading to his tragic death. His detainment, abuse, and eventual fatal injury at the hands of the police lay bare the deeply entrenched corruption within the law enforcement system.

The betrayal didn't stop with the police. The lawyer Narayan trusted to fight for his son’s justice manipulated him into accepting bribes and surrendering to pressure. When Narayan and his family refused, the situation escalated into violence. Narayan, his wife, and daughter were beaten by the lawyer and his accomplices, leaving them broken and helpless. Even female police officers refused to intervene, showcasing the fear and powerlessness that dominates the system.

The police brutality that led to Vijay’s death was even more horrifying. Vijay was arrested without explanation and taken to a remote area, where the police fabricated a staged shootout, shooting Vijay in the shoulder and later taunting him at the hospital. Narayan and his family were forced to pay bribes to secure Vijay’s surgery, only to watch him bleed to death after receiving an injection that brought his life to a tragic end.

This traumatic experience has left Narayan with unbearable grief, haunted by the face of his son and the unrelenting memories of injustice. Narayan's tragic loss highlights the urgent need for police reform, accountability, and empathy. His unwavering quest for justice stands as a beacon of hope, inspiring a collective call to action against the systemic abuses that plague communities across India.

Narayan’s story is a stark reminder of the human cost of police corruption, and it serves as a call to action for immediate reforms to protect the rights and dignity of vulnerable citizens like him. The cries of grieving families must be heard, and the system must be held accountable for the loss of innocent lives.

For more details on this tragic story, visit the link: A Mother's Plea for Justice.

Link for details: https://pvchr.blogspot.com/2023/10/a-tragic-tale-of-betrayal-seeking.html

From: <nhrc.india@nic.in>
Date: Tue, Oct 15, 2024 at 8:38 AM
Subject: Additional Information Called for(AIC) -26139/24/4/2023-AFE
To: <spksi-up@nic.in>, <spksi-up@upcctns.gov.in>, <spkaushambi@nic.in>, <pvchr.adv@gmail.com>



Case No.- 26139/24/4/2023-AFE
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

Date : 15/10/2024  
To,
THE SUPERINTENDENT OF POLICE
KAUSHAMBI UTTAR PRADESH
Email- spksi-up@nic.in,spksi-up@upcctns.gov.in,spkaushambi@nic.in

 
Sub : Complaint/Intimation from

LENINRAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221002
Email- pvchr.adv@gmail.com , Mob No- 9935599331

 
Subject: Additional Information Called for(AIC) -26139/24/4/2023-AFE.
 
Sir/Madam,
 
         I am directed to say that the matter was considered by the Commission on 15/10/2024 and the Commission has directed as follows.:
         

The Commission on 30.9.2023 received a complaint from Shri Lenin Raghuvanshi, a human rights activist from Varanasi, Uttar Pradesh stating that on 10.09.2023, two police vehicles came to one Vijay Soni's house. In which two or three policemen were in uniform and one in plain clothes. As soon as they arrived, they started beating Shri Vijay and when his mother tried to save him, the police abused her and asked her to get away otherwise they will drag her naked. The complainant has further stated that the victim's mother went to the local police station with her husband but she was not able to trace her son there. On 11.09.2023, the victim sent an email to the CM portal and the Police Commissioner. It is further mentioned in the complaint that on 12.09.2023, the police took said Vijay to the forest of Kaushambi where his hands and mouth were tied. The police gave him a pistol and made a video of him and after that, fired bullets at him. The bullet hit his right shoulder. After that the police took him to Swaroop Rani Hospital where he died during the course of treatment. The complainant has requested the Commission to intervene into the matter.

The Commission has also received a complaint in this regard from Smt. Anju Devi who is the mother of the victim. The same has been tagged with this case.

Pursuant to the direction of the Commission, the Addl. Superintendent of Police/Nodal Officer (HR), Kaushambi, submitted an action taken report dated 07.09.2024. It was submitted that deceased was died in an encounter and in this regard, a case vide Charwa PS FIR No. 197/2023 u/s 392 IPC and FIR No. 198/2023 u/s 307/34 IPC r/w 3/25 Arms Act, was registered. Further, the Dy. District Magistrate, has conducted the magisterial enquiry report and a copy of same is enclosed with the report.

The Commission has considered the material placed on record. Upon perusal of action taken report and magisterial enquiry report, it is apparent that the matter pertains death in police firing. Since, the Commission has received detail report and magisterial enquiry report, let direction be issued to the Superintendent of Police, Kaushambi, Uttar Pradesh, to submit following reports within six weeks:

i. Copies of all relevant GD entry or extract including departure & arrival of   police/forces before & after the encounter
ii. Copy of FIR (must be legible) (English translation, if in vernacular)
iii. Copy of seizure memo
iv. Health status and   MLC reports of the injured police personnel, if any
v. Details of criminal history of the deceased, if any
vi. Site plan of scene of occurrence giving all the details (including positioning of forces/police and deceased during encounter)
vii. Inquest report,
viii. Postmortem examination report (typed copy of PMR especially injury along with diagram of entry exit/ wound must be provided). The report should clearly mention whether blackening/charring/tattooing was present or not
ix. Result of the forensic examination of "hand wash" of the deceased to ascertain the presence of residue of gun powder.
x. Report of Ballistic Expert on examination of the arms & ammunition alleged to have been used by the deceased and his companions
xi. Report of finger prints expert, clearly mentioning whether the chance prints found on seized weapon matches with the finger prints of the victim alleged to have fired the weapon recovered or otherwise.
xii. Details of the investigation agency and case status.

Following reports, if applicable, may also please be sent:-
i. Copy of dead body hand over memo, if applicable
ii. Copy of identification memo, if applicable
iii. Copies of relevant wireless log,
iv. Copies of relevant vehicle log,
v. CDR of recovered mobile phone, if any
vi. Technical/mechanical examination report of involved vehicles, if any
vii. Action taken on complaint by a relative's deceased or other persons alleging killing in a fake encounter.

 
2.     It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 06/12/2024, for futher consideration by the Commission.
 
3.     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). Any Audio/ Video CDs/ pen drives etc. may be sent through Speed Post/ per bearer. The reports/ responses sent through email may not be entertained

Your’s faithfully
Sd/-
Mukesh
DEPUTY REGISTRAR (LAW)
M-1 Section
Ph. No. 011-24663317

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National Human Rights Commission Calls for Additional Reports on Alleged Police Encounter in Kaushambi by pvchr.india9214 on Scribd

National Human Rights Commission Calls for Additional Reports on Alleged Police Encounter in Kaushambi by pvchr.india9214 on Scribd

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