Annual Report 2009-2010
of U�ar Pradesh informed to the Commission that the Police Constable Surinder Kumar had
been dismissed from service. Other than this, Sub-Inspector Asharam was punished and an
adverse entry had been made in his confidential report. A crime case u/s 302 IPC had also been
registered against the accused policeman. It further conveyed that the case was fit for grant of
monetary relief as the concerned policeman was found to be guilty of his act.
4.110 The Commission thus recommended to the State of U�ar Pradesh to pay Rs.4,00,000/as immediate monetary relief to the next of kin of the deceased Maya Devi and requested the
Chief Secretary, Government of U�ar Pradesh to submit a compliance report along with proof
of payment within a period of six weeks.
4.111 The compliance report along with proof of payment has been received from the
Government of U�ar Pradesh and the case was closed by the Commission.
20. Death of Jaipal in Fake Encounter in Hathras, U�ar Pradesh
(Case No. 29826/24/2003-2004)
4.112 The Commission received a complaint dated 15 December 2003 from Dr. Shahid Hussain,
a resident of Muradabad, U�ar Pradesh, stating that one Jaipal was picked up by the police
from his house in village Sithrapur in Hathras on 10 December 2003 at about 8 p.m. and within
an hour therea�er, he was killed in the guise of an encounter.
4.113 Pursuant to the directions given by the Commission, the incident was probed by the SubDivisional Magistrate of Hathras. The Magistrate in his magisterial enquiry report concluded
that the police action was justified. As the magisterial enquiry report was not found convincing
by the Commission, vide its proceedings dated 29 April 2005 it directed the State Government
to get the ma�er investigated by an independent agency. In pursuance to the directions given
by the Commission, an investigation was conducted by the Crime Branch.
4.114 The investigation by Crime Branch revealed that the deceased Jaipal was kidnapped
by Inspector N.K.Yadav and killed in a fake encounter. A criminal case No.C-1/2004 was
registered against Inspector N.K.Yadav and other police officers at Sadabad Police Station
under applicable sections of the IPC. As the investigation report established gross violation of
human rights of the deceased, the Commission while observing that his next of kin are entitled
to be compensated monetarily by the State, directed to issue a notice u/s 18 (a) (i) of the PHRA
to the Chief Secretary, Government of U�ar Pradesh, requiring him to show-cause as to why
suitable monetary compensation should not be granted to the next of kin of the deceased.
4.115 In reply to the show-cause notice, the State Government honestly admi�ed that the next
of kin of the deceased deserved to be compensated. In view of the confession made by the State
Government and considering the circumstances of the case, the Commission on 22 June 2009
recommended to the Government of U�ar Pradesh to pay a sum of Rs. 3, 00, 000/- as monetary
relief to the next of kin of the deceased Jaipal. The Director General of Police, U�ar Pradesh
was also directed to inform the status of the criminal case arising out of FIR No. C-1/2004
registered at P.S. Sahabad.
4.116 The compliance report from the Government of U�ar Pradesh is still awaited in the case.
NHRC
33