NATIONAL HUMAN RIGHTS COMMISSION, INDIA
by the Commission vide its proceedings dated 29.8.2018, which are very vital for reaching any
conclusion.
In view of the above discussion and also the fact that despite directing the concerned authorities
have failed to furnish certain reports/documents for arriving at a reasonable conclusion of the
encounter in question, the Commission can draw adverse presumption that there is every reason to
believe that deceased Prem Pal was eliminated by the police in a fake encounter in gross violation
of his human rights.
Hence, the Commission directs issuance of a notice u/s 18 of the Protection of Human Rights Act,
1993 to the Govt. of Haryana requiring it to show cause why the Commission should not recommend
a sum of Rs. Five Lakhs to be paid to the NoK of deceased Prem Pal. Chief Secretary, Govt. of Haryana
shall submit [a] reply to the show cause notice within six weeks.”
v.
Pursuant to the directions of the Commission, SP, Rohtak vide communication dated
30.03.19 submitted that the matter was further investigated by SP, Rohtak. It was informed
that all three accused Bijender, Vikram and Prempal got released the accused Ramdhan
(Leela) and entered into sugarcane fields and started firing upon the police party despite
being warned. All the three accused were killed in retaliatory firing by the police party.
The magisterial enquiry was conducted by the then Sub-Divisional Police Officer (SDPO),
Rohtak who opined death of Prempal during police encounter. During enquiry it was
also found that in the Commission’s Show Cause Notice dated 10.01.2019, the case of
Ramdhan (Leela) and Prempal to be the same. A country made pistol along with empty
cartridges were found from the possession of deceased Prempal. It was further informed
that deceased Prempal was a dreaded criminal and seven serious cases of loot, attempt
to murder were registered against him. The report concluded that allegations leveled by
the complainant Smt. Rajni Devi that her husband died in a fake encounter was found
not to be true and there was no justification to provide monetary relief to the NoK of the
deceased Prempal.
vi.
Upon consideration of reply to the Show Cause Notice, the Commission vide proceedings
dated 02.05.2019 did not find any merit in the reply given by SP, Rohtak to the show
cause notice for the reasons already indicated by the Commission in its proceedings
dated 03.01.2019. The Commission further held that though Ramdhan died in a separate
encounter, in the present case three persons were killed and there was no single injury
reported to the policemen.
vii.
In these circumstances, the Commission confirmed the show cause notice and
recommended to the Government of Haryana to pay a sum of Rs. 5,00,000 (Rupees Five
Lakhs Only) as monetary compensation to the NoK of the deceased Prempal.
viii. Pursuant to the directions of the Commission, the Deputy Inspector General/Law & Order,
Office of the Director General Police, Haryana vide communication dated 28.11.2019 has
intimated that monetary compensation of Rs. 5,00,000 (Rupees Five Lakhs Only) has been
paid to wife of the deceased Prempal.
ANNUAL REPORT 2019-20
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