Annual Report 2009-2010 4.97 The reports received from the State authorities revealed that during the course of checking of a vehicle an argument took place between one Ram Nath, Advocate, and another person Sanjay Basumatary, who was a Police Home Guard. Therea�er, there was a protest by the public. The In-charge of the Police Station went up to the spot for an assessment of the situation and controlling of the crowd. The protestors became violent and started pelting stones as a result wind screen of two police vehicles were damaged. In the meantime, Home Guard Sanjay Basumatary went to his barrack and took his .303 Rifle and without any order from the concerned authority loaded the same and opened fire injuring Ram Singh Chauhan and Jawaharlal Gaur who later succumbed to their injuries. A case bearing FIR No.50/08 for the offences punishable u/s 294/341/325/302 IPC was later registered. The Home Guard Sanjay Basumatary was immediately taken into custody. 4.98 The Commission issued a show-cause notice to the Chief Secretary, Government of Assam stating as to why monetary relief u/s 18 (c) of PHRA should not be recommended to the next of kin of the deceased. In response, the State Government declared that it has been recommended to expel the errant Police Home Guard from the service and a charge sheet was being filed against him in the given criminal case. 4.99 The Commission upon consideration of the ma�er observed that as per the report, the In-charge of the Police Station had failed to control the crowd and the Home Guard opened indiscriminate firing on the mob resulting in the death of two persons. Other than this, the In-charge of the Police Station failed to control the Home Guard under him and also failed to prevent the firing incident. The case, as such, clearly indicates that the firing resorted to by the errant Home Guard which resulted in the death of two persons was not at all under the authority of law. The human rights of the two victims had definitely been violated. The Commission hence recommended that an amount of Rs.5,00,000/- each be paid to the next of kin of the two deceased. 4.100 The compliance report along with the proof of payment is awaited from the Chief Secretary, Government of Assam. 18. Death of Manisha in Agra, U�ar Pradesh (Case No. 21198/24/2000-2001) 4.101 The Commission received a complaint dated 15 September 2000 from one Shri Gafoor, a resident of Agra in U�ar Pradesh alleging that his mother Manisha, aged 40 years, was shot dead by the local police within the jurisdiction of Tajganj Police Station in Agra on 8 September 2000. He prayed to the Commission that a thorough enquiry be conducted in the incident. 4.102 The report submi�ed by the police to the Commission claimed that it was a case of death in encounter. According to the police, Manisha had illicit relations with one Shiv Narayan and on the night when she had gone with Shiv Narayan and other accomplices of his to a tube well, Champa Ram, the owner of the tube well was present in the vicinity. Suddenly, when the lights went off, Champa Ram fearing that some criminals had taken shelter at the site of his tube well raised an alarm. Two Constables, namely, Netrapal and Vijendra happened to pass by. On noticing some movement at the site of the tube well they both asked the persons there to surrender. As a result, there was firing from the side of the tube well. The Constables fired one NHRC 31