Annual Report
2013-14
motorcycle borne persons. The motorcycle was spotted by the police around 04.45 p.m. at
Turner Road. It was chased by the police and then an encounter took place in which the two
persons were killed.
4.222 Considering the time gap between the incident of robbery and alleged encounter,
the Commission expressed the view that a thorough enquiry was required. The Commission
directed that a team of its Investigation Division should visit Dehradun and examine Smt.
Sangita Chalna who lodged FIR No.96/2006 at P.S. Vasant Vihar regarding the robbery of
gold chain. The team was also required to make enquiry from the family members of the
two slain persons.
4.223 The enquiry team found that the death of Ram Darshi and Jitender in the encounter
was suspicious. The team also found that there were two more deaths (Sunder s/o Janardan
& Parvinder alias Parveen s/o Jeet Ram) in police encounter within ten hours from the
encounter deaths of Ram Darshi and Jitender. The team also found that all the four deceased
were from the same village and seen together by their relatives before the alleged encounter.
4.224 Upon consideration of the report of the Investigation Division, the Commission vide
its proceedings dated 9 March 2011 directed the Registry to take necessary steps to obtain
the concurrence of the Central Government for investigation of the incident by CBI.
4.225 The Central Government gave its concurrence for CBI investigation of the two
incidents. The Government of Uttarakhand, however, submitted that closure reports had
been submitted by the local police in those two cases and the same had already been
accepted by the court. It was also pointed out by the State Government that the police
action had been justified in magisterial enquiry in both the cases. On these grounds, the
State Government submitted that there was no need for a fresh investigation by CBI.
4.226 The Commission considered the matter on 25 January 2012 when it pointed out
that CBI had registered two Preliminary Enquiries on the basis of reference made by NHRC.
The preliminary enquiry by CBI revealed loopholes in the police version in both cases. The
State Government was not probably aware of the preliminary enquiry report submitted by
CBI and that appeared to be the reason for opposition of investigation by CBI.
4.227 The Commission, therefore, directed to send a copy of the preliminary enquiry
report of CBI to the Government of Uttarakhand expressing hope that the State Government
would duly consider the preliminary enquiry report of CBI and withdraw its objections to
CBI investigation of the two incidents. The Government of Uttarakhand was also directed
to convey its consent for CBI investigation of the two cases and also to issue the requisite
notification u/s 5 & 6 of DSPE Act within two months.
4.228 However, the State Government declined to give its concurrence for CBI investigation
but it was communicated that the State Government would have no objection if monetary
relief was recommended by the Commission on humanitarian ground.
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