| Case No.- 2204/24/21/2020 | | 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 | | |
| To, | THE CHIEF SECRETARY
GOVERNMENT OF UTTAR PRADESH 101, LOK BHAWAN, U.P. CIVIL SECRETARIAT,VIDHAN SABHA MARG LUCKNOW
UTTAR PRADESH UTTAR PRADESH
226001
Email- csup@nic.in
| |
| | | Sub : Complaint from | LENIN RAGHUVANSHI, SECRETARY GENERAL
PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2 A, DAULATPUR,
VARANASI , UTTAR PRADESH
221002
Email- CFR.PVCHR@GMAIL.COM |
| | | Subject: Relief granted [Compensation, Disciplinary & Prosecution](CMP) -2204/24/21/2020. | | | | Sir/Madam, | | | | I am directed to say that the matter was considered by the Commission on 02/08/2021 and the Commission has directed as follows.: | | | | | In this case, the Commission received a complaint from Sh. Lenin Raghuvanshi, a resident of Varanasi, Uttar Pradesh, alleging that, the accused police officials on suspecting the victim of theft, severely assaulted him by putting their shoes on his face and beaten him mercilessly.
The Commission took cognizance of the complaint on 10-02-2020 directed Superintendent of Police, Deoria, Uttar Pradesh to submit report within four weeks.
The Commission received a report dated:30-08-2020 from the Superintendent of Police, Deoria, Uttar Pradesh, whereby, it was submitted that, on 08-01-2020 one Sumit Goswami was brought to the Police Station in connection with case Crime No.04/2020, P.S.- Madanpur, under section-379 of IPC. It has been admitted that, the Head Constable Lal Bihari, Constable Chandra Mauleshwar Singh and Constable Jitendra Yadav used force during questioning of the accused and accordingly on the complaint of Sub Inspector Rama Shankar Yadav, Day Officer of the Police Station, NCR No.04/2020, under section-323, 504 of IPC has been registered against the delinquent police personnel and the same is pending investigation.
The Commission has considered the matter. As per the police report, it appears that, the accused was subjected to custodial violence and as a result legal action has been initiated by the local police itself against the delinquent police personnel. The action on the part of the delinquent police personnel is contrary to law and has resulted in violation of human rights of the victim. In these circumstances, the Commission vide proceeding dated:01-02–2021, a Notice under section- 18 of the Protection of Human Rights Act, 1993 was issued to the Government of Uttar Pradesh through its Chief Secretary to Show Cause within six weeks as to why an amount of Rs.50,000/- as interim relief may not be recommended to be paid to the victim for violation of his human rights by the public servants.
The Commission vide its proceeding dated:01-02-2021 directed the Senior Superintendent of Police, Deoria, Uttar Pradesh to submit status/ outcome of the case registered against the delinquent police personnel and details of departmental action taken against them within four weeks.
The Commission received a report dated:05-07-2021 from the Joint Secretary, Government of Uttar Pradesh, whereby, it was submitted that, the charge sheet has been filed against the delinquent police personnel before the Learned Court. The show cause notice regarding the interim assistance of Rs.50,000/- given to the victim by the Superintendent of Police, Deoria, Uttar Pradesh, it has been requested to consider adjourning till the results of the trial of the Learned Court.
The Commission has perused the report dated:30-08-2020 received from the Superintendent of Police, Deoria, Uttar Pradesh and report dated:05-07-2021 received from the Joint Secretary, Government of Uttar Pradesh. It is pertinent to mention here that, the charge sheet has been filed against the delinquent police personnel before the Learned Court. The show cause notice regarding the interim assistance of Rs.50,000/- given to the victim by the Superintendent of Police, Deoria, Uttar Pradesh, it has been requested to the Commission to consider adjourning till the results of the trial of the Learned Court.
The Chief Secretary is directed to make the payment of monetary compensation/ interim assistance of Rs.50,000/- (fifty thousand) to the victim and transmit the copy of receipt in respect of payment made within six weeks positively to the Commission.
Put up on 23 September, 2021. | | | | | | It is therefore, requested that the compliance report in the matter be sent to the Commission latest by 07/10/2021, 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/- Om prakash Vyas DEPUTY REGISTRAR (LAW) M-3 Section Ph. No. 011-24663317 Email. dr2.nhrc@nic.in |
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