From: <nhrc.india@nic.in>
Date: Fri, Dec 31, 2021 at 1:40 PM
Subject: Conditional Summon(SMC) - 20432/24/55/2019
To: <dmson@nic.in>, <pvchr.adv@gmail.com>
Cc: <ar5.nhrc@nic.in>
Subject: Conditional Summon(SMC) - 20432/24/55/2019
To: <dmson@nic.in>, <pvchr.adv@gmail.com>
Cc: <ar5.nhrc@nic.in>
| Case No.- 20432/24/55/2019 |
| 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 : 31/12/2021 |
| To, |
| THE DISTRICT MAGISTRATE Sonebhadra, Uttar Pradesh SONEBHADRA UTTAR PRADESH Email- dmson@nic.in |
| Sir/Madam, |
| The case No. 20432/24/55/2019 in respect of LENIN RAGHUVANSHI, was placed before the Commission on 31/12/2021. Upon perusing the same, the Commission directed as follows: |
| There was a very serious allegation in the complaints received in the Commission that due to a land dispute, a large number of accused persons opened fired on 17 July 2019 in District Sonebhadra, Tehsil Ghorawal, Village Murtia, in which about 10 persons belonging to Scheduled Tribe community died and about 20 persons got injured. The complainants requested the Commission for an appropriate action and impartial inquiry. Pursuant to the communications of the Commission, a report dated 19.02.2020 was received from the Director General of Police, UP, along with the report dated 02.12.2019, of the Superintendent of Police, Sonebhadra, and the report of Circle Officer, Sonebhadra. It is mentioned therein that in this connection an FIR No, 78/19 U/s 147 / 148 / 149 / 307 / 302 / 34 IPC, and Sec. 3(2)(v) SC/ST Act, was registered and investigation was being carried out against 28 named accused persons and 40 to 50 unnamed persons. The Under Secretary, UP Administration, vide letter dated 26.05.2020 had enclosed the report of Superintendent of Police, Sonebhadra and the report of the Circle Officer, City, Sonebhadra. It was mentioned therein that in connection with FIR No. 78/19, a Challan dated 05.10.2019, had been submitted in the court. However, collection of evidence was still going on. It was also mentioned that 11 persons who died, and 20 persons who were injured, in this incident, were facilitated for Monetary Relief from the concerned department. Meanwhile the complainant vide email dated 27.07.2021 submits the reminder and submits that justice has not been done in the matter. The Superintendent of Police, Sonebhadra vide communication dated 07.09.2021 forwarded the enquiry report of Circle Officer, Sonebhadra which reveals that chargesheet no. A-81/19 dated 05.10.2019 has been filed against 51 accused persons in the matter and suppl. Chargesheet A-81A/19 dated 04.12.2019 has been filed against remaining accused persons. investigation has been completed in this matter. Further proposal for monetary relief has been sent to the Social Welfare Department and patta has been granted by the Revenue Dept. Vide proceedings dated 30.09.2021 the Commission directed as under: “The Commission has considered the report which reveals that chargesheet has been filed in the matter and investigation has been completed. Further Patta has been granted by the Revenue Dept. Vide proceedings dated 27.07.2021 the Commission directed to the District Magistrate, Sonebhadra to apprise the Commission about the monetary relief paid to the SC/ST (POA) Act, however, the Commission has not received the same till date. Chargesheet u /s 147/148/149/302/24 IPC and 3(2) 5 SC/ST Act has been filed against accused persons. Hence, the NOK of all deceased victims are entitled to get 100% monetary relief under Entry 45, Annexure-I, SC/ST (POA) Rules, 2016. Therefore, the District Magistrate, Sonebhadra, Uttar Pradesh is directed to submit the compliance report of payment to the victim in light of observation made by the Commission alongwith proof of payment within 4 weeks. In addition, let a copy of report dated 07.09.2021 be sent to the complainant for comments, if any, within four weeks.” The Commission has considered the material placed on record. The Commission has not received the compliance report of payment from the District Magistrate, Sonebhadra despite direction dated 01.07.2021 followed by reminder dated 30.09.2021. Therefore, the Commission directs its registry to issue Conditional Summons u/s 13 of PHRA to the District Magistrate, Sonebhadra, Uttar Pradesh to appear before the commission on 04.04.2022 at 11:00 AM with requisite report i.e. compliance report of payment under SC/ST (POA) Act to the NOKs of deceased/injured victims as directed by the Commission, should however, if the requisite report received in the Commission one week prior to the scheduled date then personal appearance shall be dispended with. However, if the District Magistrate, Sonebhadra fails to comply with the order of the Commission without lawful excuse, he/she will be subject to the consequences of non-attendance laid down in Rule 10 and Rule 12 of order XVI of Civil Procedure, 1908 and the Commission may proceed to initiate criminal proceedings under sections 175/176 of Indian Penal Code, 1860 and such other action as its deems proper under the Law. |
| 2. This is for your information and further necessary action. |
Your’s faithfully Sd/- K.K. Shrivastava DEPUTY REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291 Email. ar5.nhrc@nic.in   |
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