Complaints before the Commission
On a consideration of all the facts and circumstances of the case, the Commission
recommended to the Government of Uttar Pradesh that:
□ While initiating disciplinary proceedings for major penalty against the concerned
SHO and fire station officer, they may be placed under suspension with immediate
effect;
□ It entrusted tlie investigation of the case to the State CID in order to ascertain
further the role of these two officers, as also that of another Constable, who was
alleged to have aided and abetted in the kidnapping and rape of ABC;
□ By way of immediate interim relief, pay a sum of Rs. 1 laUi to Shri Narain Singh,
grandfather of ABC, ^vitliin a period of one month. Out of the awarded sum of
Rs. 1 lakh, a sum of Rs. 25,000/- be paid by way of cash/demand draft and the
balance amount of Rs. 75,000/- be put in a fixed deposit in a nationalised bank
for a period of five years, periodic interests accruing thereon being payable to him.
Pursuant to the Commission's recommendations, the State Government started a
disciplinary enquiry and an enquiry by the State CID. The compensation was also
sanctioned.
False implication of a woman in a murder case: Bihar
(Case No. 15573/96-97/NHRC)
The People's Union for Civil Liberties (PUCL) drew the attention of the Commission,
through a complaint, to the suffering of one Smt Nilmani, who ^vas falsely charged in
a case relating to the murder of her sister-in-law. As she could not engage a lawyer to
defend herself, she had remained behind bars for 10 years, until she was finally acquitted
by the court. The Commission was also informed that Nilmarii was living in difficult
circumstances after her release. She was reportedly suffering from paralysis and was
unable to ^valk. The PUCL sought adequate compensation for the victim as well as her
rehabilitation.
In response to the Commission's notice, the Government of Bihar stated that the
matter related to proceedings before a court and not to the conduct of thejail authorities.
The Commission, however, noted that the victim had been falsely involved in a murder
case and had been compelled to live in jail for more than 10 years for no fault on her
part. Further, there was no record to show if any appeal against her acquittal was pending
in any court of law. Under these circumstances, the Commission observed that the
liability of the State arose on account of her harassment and incarceration during a large
part of her active life.
Having regard to the facts and circumstances of tlie case, tlie Commission directed the
Government of Bihar to pay Smt Nilmani a sum of Rs. 2 lakhs as compensation for her
rehabilitation.
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