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Annual Report 2022-23
by the Superintendent of Police in Amroha, U ar Pradesh,
provided insights into the circumstances of this case.
Ini ally, the In-charge of Police Sta on Rajabpur was
apprised of the alleged demise. He directed the complainant, who is the maternal uncle of the deceased, to visit the
police sta on and submit a wri en report. However, as no
such wri en report was tendered to the police, the family
proceeded with the last rites of the deceased without
conduc ng a postmortem examina on. The deceased
was a twel h- grade student, and was discovered hanging
within her residence, yet no immediate ac on was
undertaken by the authori es. The reports furnished by
the police conveyed that the local police were promptly
informed of the suspicious circumstances surrounding
the death. However, it appeared that the local authori es
insisted on the submission of a formal wri en complaint.
This insistence impeded the swi response to the
pressing nature of the suspicious circumstances, thereby
contravening the fundamental right to a thorough
inves ga on into poten ally suspicious condi ons
culmina ng in the death of a young woman.
The Commission had noted, based on the report
submi ed by the Superintendent of Police, Amroha that
no ac on had been taken by the police due to the absence
of a wri en complaint. This revela on underscored the
indifference to duty displayed by the relevant police
officials. In accordance with the provisions set forth in
Sec on 18(a)(I) of the PHRA a Show Cause No ce was
dispatched to the Government of U ar Pradesh through
its Chief Secretary, as to why the Commission should not
advocate for the disbursement of compensa on
amoun ng to Rs. 5,00,000/- (Rupees Five Lakh only) to
the NoK of the deceased. In response to the Commission's
direc ves, a report dated 10 December 2021, was
received from the Under Secretary of the Government of
U ar Pradesh. This report revealed that a case had been
registered in Amroha under Sec on 306 of the Indian
Penal Code, which was pending at the me. Therefore, it
was considered appropriate to propose the provision of
monetary assistance, amoun ng to Rs. 5,00,000/-, to the
NoK of the deceased once the inves ga on was
concluded, and the charges against the accused individuals were proven.
The Commission diligently reviewed the aforemen oned
report. However, it found the report lacking in substan ve
content to counter the Commission's findings regarding
32
alleged negligence displayed by public servants. The
demeanor exhibited by the local police appeared remarkably apathe c, thus corrobora ng the allega ons of
negligence. Consequently, this case underscored an
apparent viola on of human rights. Consequently, the
Commission confirmed its previous recommenda ons of
monetary compensa on. In response to the Commission's direc ves, a report by the Superintendent of Police
in Amroha, U ar Pradesh, affirmed that the authorisa on
for a compensa on had been granted. Regre ably, the
disbursement of the said amount had been deferred
pending the conclusive determina on of the NoK of the
deceased. It revealed that once the awaited report from
the District Magistrate in Amroha was received, the
compensa on would be disbursed, and the en re
compensa on amount would be recovered from the
police personnel implicated in this ma er. In view of the
above, the case was concluded on 03 February 2023.
14.) Encounter Death of Three Individuals in Sukma
District, Chha sgarh
(Case No: 355/33/20/2019-ED)
The Commission received a communica on from the
Superintendent of Police, Sukma, Chha sgarh, regarding
the encounter death of three individuals, on 14 September 2019, within the jurisdic on of the Chintagufa Police
Sta on in Sukma District, Chha sgarh. Taking cognizance
of the ma er, the Commission directed the authori es
concerned to submit requisite reports in the instant
ma er. The police's narra ve of the incident reported that
they received intelligence regarding the presence of 120150 Naxalites along the Dornapal- Jagargunda Road,
within the jurisdic on of P.S. Chintagufa, Sukma District.
In response, a team from the District Reserve Guard (DRG)
was dispatched for a search opera on on 14 September
2019. Around 05:30 hours, as the search team reached
Gadgadmeta, they encountered gunfire from a group of
Naxalites. In an act of self- defense, the police team
retaliated, resul ng in the demise of three male Naxalites.
Amidst the exchange of fire, the police discovered one
Insas rifle with a magazine, three loaded guns, eleven
arrows, an improvised explosive device (IED) weighing
approximately 20-25 kg, along with other incrimina ng
ar cles, in the possession of the deceased individuals.
The post-mortem reports unveiled mul ple gunshot
wounds on the bodies of the deceased, with no indicaChapter 7 - Thematic Areas