Annual Report 2009-2010
round each in self-defence. Manisha was hit by one bullet and Shiv Narayan was apprehended
at the tube well while the other accomplices managed to run away. An FIR No.336/2000 u/s 307
IPC was registered at Tajganj Police Station a�er the incident. On investigation, Shiv Narayan
was sent for trial, but he was acqui�ed by the court.
4.103 Pursuant to the directions of the Commission, the case was probed by the State CBCID. It was found that Manisha and Shiv Narayan had no arms with them and the police had
concocted a false story of encounter. The investigation of CB-CID also revealed that the seizure
memos and other police records had been fabricated. The CB-CID recommended prosecution
of the two Constables under section 304 IPC.
4.104 Upon consideration of the investigation report of CB-CID, the Commission found that
Manisha was deprived of her life for no fault of hers. This had resulted in grave violation
of her human rights. The Commission therefore issued a notice u/s 18 of the PHRA, 1993
to Government of U�ar Pradesh requiring it to show-cause why it should not recommend
monetary relief to the next of kin of the deceased Manisha.
4.105 In response to the show-cause notice issued by the Commission to the Government
of U�ar Pradesh, the State conceded in its communication dated 2 April 2009 that the next
of kin of the deceased Manisha are entitled for payment of compensation. Accordingly, the
Commission vide its proceedings dated 15 July 2009 recommended that an amount of Rs.
3,00,000/- be paid to the next of kin of Manisha as monetary relief.
4.106 As the compliance report along with proof of payment was received, the case was closed
by the Commission on 18 March 2010.
19. Death of Maya Devi in Police Firing in Hamirpur District of U�ar Pradesh
(Case No.49828/24/35/07-08)
4.107 In this case, the complainant alleged non-registration of FIR by the police when his
mother Maya Devi died on account of firing by Police Constable Surinder Kumar. He requested
for instant action on the part of the Commission. The death of complainant’s mother took place
when she went to the place where her three sons were ruthlessly being beaten up by two Police
Constables, namely, Surinder and Patiram.
4.108 In response to the notice issued by the Commission, the Superintendent of Police,
Hamirpur, U�ar Pradesh submi�ed a report. As per the report, the deceased was killed by
a Constable when she tried to save her three sons being beaten-up by the police. The entire
incident took place in the premises of the Thana where Constable Surinder Kumar was posted.
However, none of the policemen on duty took any steps to pacify Constable Surinder Kumar
or for that ma�er arrest him even a�er he indiscriminately fired on the complainant’s mother,
Maya Devi. The firing proved to be fatal and led to the death of Maya Devi.
4.109 On examination of the facts, the Commission felt that the family of the deceased deserves
sympathy, compassion and relief. Accordingly, it issued a show-cause notice to the Government
of U�ar Pradesh u/s 18(a) (i) of the PHRA as to why the next of kin of the deceased should not
be granted monetary relief for the wrong commi�ed on them. In response, the Government
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NHRC