Annual Report 2009-2010
two police officers were present in the Police Station. They made an a�empt to destroy the
evidence by throwing the dead body of Shanno Kale in a dry well. Thus, Shanno Gopal Kale
alias Aarti died in Shirdi Police Station only under suspicious circumstances. Consequently, a
case bearing Crime No. 24/05 u/s 302/201/34 IPC was registered at Rahata Police Station and all
the guilty police officers were charge sheeted.
4.75 On finding that the State CID had submi�ed an investigation report against the police
officers who had murdered Shanno alias Aarti Gopal Kale and that it was a serious violation of
human rights and a fit case in which payment of immediate interim relief to the next of kin of the
deceased should be recommended, the Commission issued a notice u/s 18 (c) of the PHRA to the
State of Maharashtra. In response to the notice, the reply received from the State revealed that
on inspection of the reports received from the State CID and District Magistrate, Ahmadnagar,
the Government of Maharashtra agrees that monetary relief need to be given to the next of kin
of the deceased Shanno Gopal Kale. The Commission accordingly recommended that a sum of
Rs.5,00,000/- be paid to the next of kin of the deceased by the Government of Maharashtra.
4.76
The compliance report along with proof of payment called for is awaited.
14. Death of Shiv Raj Dubey due to Torture by Police in Allahabad, U�ar Pradesh
(Case No. 16662/24/2001-2002-AD)
4.77 The Commission received a complaint dated 22 June 2001 from one K. K. Roy alleging
that Shiv Raj Dubey, a Trade Union Leader of Allahabad, was taken to Civil Lines Mahila
Thana on 19 August 2001 and there he was subjected to third degree torture in order to extract
a confession. The victim died of brain injury on the same day. A criminal case No.252/2001
u/s 147/148/149/302/504 IPC was registered on behalf of the son of the deceased. The case was
investigated by CB-CID. The investigation substantiated the allegation of torture and a charge
sheet was filed in the case. The investigating agency moreover recommended disciplinary
action against the four Constables and two women Constables.
4.78 Pursuant to the notice issued by the Commission, a report was received from the Inspector
General of Police (Human Rights), Government of U�ar Pradesh stating that an inquiry into
the ma�er was conducted by the Superintendent of Police of Allahabad city and it was found
that a Crl. Case No. 252/01 u/s 147/148/149/302/504 IPC was registered in the Police Station on
the report of Manoj Dubey, the son of the deceased. A charge sheet too had been filed against
the guilty police personnel in the court on the basis of investigation by CB-CID, Allahabad.
4.79 A magisterial enquiry was also conducted by the City Magistrate of Allahabad. He too
held the police responsible for the death of Shiv Raj Dubey.
4.80 The Commission upon consideration of the above reports observed that prima facie the
police officials had been held responsible for the death of Shiv Raj Dubey at P.S. Mahila Thana,
Civil Lines, Allahabad. Further, a charge sheet had been filed against the accused in the case
and disciplinary proceedings had been recommended against the erring police personnel.
Under the given circumstances, the Commission found it to be an apt case to grant interim
relief to the next of kin of the deceased. In view of that, the Commission on 10 June 2008 issued
a show-cause notice to the State of U�ar Pradesh. The State Government, however, did not
respond to the show-cause notice.
28
NHRC