One Soma Gudiya was killed in an encounter with Police on 20.08.11 in the jurisdiction of PS, Chota Nagara, West Singhbhum, Jharkhand during the course of operation against Maoists. The intimation of the encounter was sent to the Commission by the SP, West Singhbhum, Chaibasa, Jharkhand vide a communication dated 21.08.11. Accordingly the matter was considered by the Commission in its various proceedings and it sought reports from the concerned authorities from time to time.
While considering the matter in its Camp Sitting at Ranchi on 08.09.16 and finding prima facie that the human rights of the deceased had been violated, the Commission directed issuance of notice u/s 18 of the protection of Human Rights Act, 1993 to the Chief Secretary, Govt. of Jharkhand to show cause within four weeks as to why an amount of Rs. Two Lakhs as compensation be not recommended to be paid to the NoK of deceased Soma Guidy@Etwa Munda@Laalo.
In response to the directions of the Commission, CID, Jharkhand, Ranchi vide communication dated 07.09.16 informed that as per letter dated 06.09.16 of the IGP(HR), there is no provision under the State Govt. regarding payment of any monetary compensation to those who accidently die in anti-Maoist police operations. There are however few examples where compensation had been provided to the dependents of the deceased. It has been further informed that since deceased had neither any known criminal history nor had been found definitely to be a member of any Maoist group, the dependents of the deceased can be given compensation after due diligence.
The Commission on consideration of various reports vide its proceedings dated 30.08.17 further observed that in view of the new revelation by the investigation carried out by CB/CID that the deceased was picked up from Village Baliba and subjected to graver violation of human rights by the police team. Hence to mete out justice, it was necessary to increase the amount of compensation to Rs. Five Lakhs from Rs. Two Lakhs recommended earlier. Accordingly an amount of Rs. Five Lakhs as compensation was recommended by the Commission to be paid to the NoK of the deceased Soma Gudiya@Etwa Munda@Laalo.
Now DM-cum-DC, West Singhbum, Chaibasa vide communication dated 20.02.19 has submitted that Rs. 2,50,000/- each has been disbursed among Binod Munda, aged 14 years and Suraju Munda, aged 8 years sons of deceased. Proof of payment has also been enclosed.
Similarly in Case No. 1206/34/18/2011 linked with instant case it has emerged that the complainant Shri Glandson Dundung alleged death of two persons namely Soma Gudia and Mangal Honhanga. In respect of Mangal Honhanga, Dy. Secretary to the Govt. of Jharkhand endorsed a copy of communication dated 31.10.18 addressed to the Jharkhand State Human Rights Commission, Ranchi submitting that Rs. Two Lakhs as monetary relief and class IV job has been provided to Smt. Mangari Honhanga, wife of deceased Mangal Honhanga.
In view of the compliance of recommendation made by the Commission, the case is closed along with linked files.
The CD of the post mortem, if any, available on record be sent to the concerned authority.
While considering the matter in its Camp Sitting at Ranchi on 08.09.16 and finding prima facie that the human rights of the deceased had been violated, the Commission directed issuance of notice u/s 18 of the protection of Human Rights Act, 1993 to the Chief Secretary, Govt. of Jharkhand to show cause within four weeks as to why an amount of Rs. Two Lakhs as compensation be not recommended to be paid to the NoK of deceased Soma Guidy@Etwa Munda@Laalo.
In response to the directions of the Commission, CID, Jharkhand, Ranchi vide communication dated 07.09.16 informed that as per letter dated 06.09.16 of the IGP(HR), there is no provision under the State Govt. regarding payment of any monetary compensation to those who accidently die in anti-Maoist police operations. There are however few examples where compensation had been provided to the dependents of the deceased. It has been further informed that since deceased had neither any known criminal history nor had been found definitely to be a member of any Maoist group, the dependents of the deceased can be given compensation after due diligence.
The Commission on consideration of various reports vide its proceedings dated 30.08.17 further observed that in view of the new revelation by the investigation carried out by CB/CID that the deceased was picked up from Village Baliba and subjected to graver violation of human rights by the police team. Hence to mete out justice, it was necessary to increase the amount of compensation to Rs. Five Lakhs from Rs. Two Lakhs recommended earlier. Accordingly an amount of Rs. Five Lakhs as compensation was recommended by the Commission to be paid to the NoK of the deceased Soma Gudiya@Etwa Munda@Laalo.
Now DM-cum-DC, West Singhbum, Chaibasa vide communication dated 20.02.19 has submitted that Rs. 2,50,000/- each has been disbursed among Binod Munda, aged 14 years and Suraju Munda, aged 8 years sons of deceased. Proof of payment has also been enclosed.
Similarly in Case No. 1206/34/18/2011 linked with instant case it has emerged that the complainant Shri Glandson Dundung alleged death of two persons namely Soma Gudia and Mangal Honhanga. In respect of Mangal Honhanga, Dy. Secretary to the Govt. of Jharkhand endorsed a copy of communication dated 31.10.18 addressed to the Jharkhand State Human Rights Commission, Ranchi submitting that Rs. Two Lakhs as monetary relief and class IV job has been provided to Smt. Mangari Honhanga, wife of deceased Mangal Honhanga.
In view of the compliance of recommendation made by the Commission, the case is closed along with linked files.
The CD of the post mortem, if any, available on record be sent to the concerned authority.
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