n) Other Cases 45. Five Innocents Spend 15 Years in Jail due to Miscarriage of Justice in Ghaziabad, Uttar Pradesh (Case No. 44373/24/2005-2006) 6.191 The Commission came across a distressing news report in 'The Tribune' dated 21 March 2006 — “Five innocents spend 15 years in jail due to miscarriage of justice”. The press report inter alia alleged that Babu Singh, Zile Singh, Mangte, Gajraj Singh and Samay Singh, who were imprisoned in the case of kidnapping and murder of a boy Sonu at Sambhawali District Ghaziabad, had been languishing in jail for 15 years. 6.192 On 24 April 1990, the Police Station Sambhawali in Ghaziabad District received an information that a dead body in a gunny bag was lying in the jungle near village Kudalia. Cr.Case No. 72/90 u/s 302/201 IPC was registered and Inspector V.S. Yadav, the then Officer In-charge of the Police Station took up the investigation. The dead body was identified as that of Sonu alias Satinder by Smt. Lajjawati. Subsequently, the investigation was taken over by Sub-Inspector S.K. Singh of Police Station Garh Mukteshwar. Five persons—Babu Singh, Mangte, Zile Zingh, Samay Singh and Gajraj Singh were arrested and charge-sheeted. Later on, Sonu alias Satinder, the alleged victim of abduction and murder, surfaced before the police and the whole case collapsed. The five persons who were arrested were acquitted on 10 March 2006 and released. 6.193 The Commission took cognizance of the press report and called for comments from the Chief Secretary and the Director General of Police, Uttar Pradesh. In a communication dated 17 July 2006 the Inspector General of Police (HR), Uttar Pradesh, reported that Inspector V.S.Yadav and Sub-Inspector S.K. Singh had both been found guilty of dereliction of duty because they had not properly investigated the case. Disciplinary proceedings had been initiated against both the officers. 6.194 On consideration of the above report, the Commission issued notice under section 18(3) of the Protection of Human Rights Act, 1993 requiring the State of Uttar Pradesh to show-cause against grant of monetary relief to the victims. The Inspector General of Police (HR), Uttar Pradesh responded to the show-cause notice, vide communciation dated 20 March 2007. He submitted that the five persons had to remain in jail for nearly one month as they were enlarged on bail by the Court about one month after their arrest. The Commission recommended to the State of Uttar Pradesh to pay Rs. 50,000 each to all the five victims who remained incarcerated for no fault of theirs. In response, the Secretary to Government of Uttar Pradesh informed the Commission that the amount of monetary relief has been disbursed to the four persons. The fifth person, namely, Babu Singh was reported to be untraceable. He had not visited the village for the last four years and his fields were lying uncultivated. The case was closed with a direction to the State Government to pay the amount of Rs. 50,000 to Babu Singh as and when he turns up to claim it. 68 National Human Rights Commission