NATIONAL HUMAN RIGHTS COMMISSION, INDIA
entry wounds and as per the opinion of Dr. V.K.Tiwari, the then Medical Officer, Sadar
Hospital, Sasaram, it was caused by a firearm and the distance from where the firearm
was fired would be 06 to 12 feet. This indicated that the deceased was shot by the police
from a close range. Secondly, no opinion of ballistic experts was sought in respect of the
weapons recovered from the possession of the slain persons, rather it was examined by a
Sergeant Major. The police also failed to take fingerprints and hand swab to match with
those of the deceased persons to confirm that they had handled the seized weapons.
There was also a contradiction with regard to examination of seized weapons from a
State Forensic Laboratory (FSL). Initially, it was stated that on the orders of the Court, the
seized weapons were not examined by FSL and later it was informed that there was no
such Court order. The Commission also issued summons to District Magistrate/SP, Rohtas
for their personal appearance before it on 22.08.2019 to submit an explanation as to the
blackening observed over the firearm entry wounds of the deceased and the copy of
Court order in which it had denied permission for further examination of seized arms and
ammunition from FSL, the above said officers failed to appear before the Commission to
answer the query raised by it.
vii.
In view of the above contradiction, absence of scientific evidence like fingerprints, hand
wash swab, ballistic reports suggest that no standard procedure of the investigation has
been adopted by the Investigation Officer to justify the encounter as genuine. Further
the failure of the District Magistrate and SP, Rohtas to appear before the Commission,
made it inference that the deceased were killed by the police in an extra judicial manner.
Therefore, the Commission vide its proceedings dated 22.08.2019 issued a show cause
notice under Section 18 of the Protection of Human Rights to the Government of Bihar to
show cause as to why monetary relief of Rs. 5,00,000/- (Rupees Five Lakhs) each should
not be recommended to be paid to the NoK of the three deceased persons namely, Kashi
Kol, Santosh Yadav and Prasidh.
viii. Accordingly, notice dated 16.09.2019 was issued to the Chief Secretary, Government of
Bihar calling upon him to submit a reply to the show cause notice on or before 01.11.2019;
but no response was received.
ix.
Under these circumstances, the Commission presumed that the Government of Bihar had
nothing to urge in the matter and accordingly vide its proceedings dated 19.02.202, the
Show Cause Notice was confirmed and the Commission recommended to the Government
of Bihar to pay an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) each as monetary
relief to NoK of the three deceased viz. Kashi Kol, Santosh Yadav and Prasiddh. The Chief
Secretary, Government of Bihar was required to submit a compliance report along with
proof of payment within four weeks positively.
x.
Pursuant to the directions of the Commission, Special Secretary to the Government of Bihar,
vide communication dated 20.02.2020 has submitted that grant of any compensation to
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