Annual Report 2009-2010 21. Death of Innocent Persons in Police Encounter in Begusarai, Bihar (Case No. 622/4/2003-2004) 4.117 The Commission received a complaint dated 5 March 2003 from Shri Nirmal Kumar alleging that the police had killed two innocent persons, namely, Rajni Rajan and Rakesh Kumar in Begusarai District. A preliminary enquiry was conducted by the concerned Superintendent of Police, but no action was taken against the guilty police officers even a�er the submission of the enquiry report. 4.118 Pursuant to the directions given by Commission, the concerned Sub-Divisonal Police Officer, submi�ed a report dated 9 May 2006 stating that a criminal case No.130/2002 u/s 302/307/34 IPC had been registered against some police officers at Cheria Baryarpur Police Station and the investigation was entrusted to the Central Bureau of Investigation. The report submi�ed by CBI stated that on 23 December 2002 at about 8 p.m. a firing had taken place in Majhaul falling under the jurisdiction of Cheria Baryarpur Police Station due to which Rajni Rajan and Rakesh Kumar who were travelling in a vehicle were killed and two others were injured. On 24 December 2002 at about 1.30 p.m., a criminal case No.130/2002 was registered against the Deputy Superintendent of Police Maheshwar Mehto and some other police personnel on the basis of a wri�en complaint made by Rajiv Ranjan, one of the injured. On completion of the investigation, the CBI filed a chargesheet in the Court of Judicial Magistrate, Patna against the Deputy Superintendent of Police Maheshwar Mehto and six others. 4.119 As the culpable liability of police officers was disclosed by CBI investigation, the Commission on 5 December 2007 issued a notice u/s 18 of the PHRA and called upon the Chief Secretary, Government of Bihar to show-cause why monetary compensation should not be given to the two injured persons and the next of kin of the two deceased. 4.120 While the State Government did not respond to the show-cause notice, the Commission on 9 September 2009 observed that the police personnel opened fire without any justification and in the course of action two persons were deprived of their lives and two others had to suffer injuries for no fault of theirs. Considering the facts and circumstances of the case, the Commission recommended to the Government of Bihar to pay a sum of Rs. 5,00,000/- each to the next of kin of the deceased Rajni Rajan and Rakesh Kumar and to pay Rs. 1,00,000/- each to the injured Rajiv Ranjan and Md. Firoz as monetary relief. 4.121 The compliance report from the Government of Bihar is awaited in the case. 22. Death of Sunil Kumar Bhardwaj in Police Firing (Case No. 20712/24/2005-2006) 4.122 The Commission received a complaint dated 7 July 2005 from Shri Munni Lal, father of deceased Sunil Kumar Bhardwaj alleging that a contingent of XXth Bn. of PAC was deployed at Kashi Vishwanath Temple complex for security purposes. On 28 February 2005, when there was a change of guard at 09.45 a.m. and the members of the unit were boarding the bus for returning to the base, a Constable named Ram Dhyan Prajapati lost his mental disposition and started firing indiscriminately on his colleagues. In the process, six Police Constables and one poor adolescent boy named Sunil Kumar Bhardwaj received bullet injuries. Later, Sunil Kumar 34 NHRC

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