-
has to be sustained on a standard of proof which is beyond reasonable doubt. Howevsr, for
pwpose of award of compensation, substantiation on mere preponderance of probability, on
the standard of evidence In civil cases is sufficient. Even where a criminal charge may fail for
want of evidence sufficient by standards requlolte in criminal cases, yet a a m of C S ~ P B J ~ B ~ ~ Q ~
can be sustained on a mere praponderancsof probablllw. The Commieaibn
elroln;njmo
the import and purpose of provisions contained in section 18(3) observed, 'But apart from
these standards in clvil and criminal cases , for the limited purpose of award of immediate
interim relief, the jurisdiction for its grant under section 18(3) of the Act, the matter need not
wait till the charge is proved in a criminal Court ...".The Commission took the vlew that k r
grant of immediate interim relief, a strong prima-facie case was sufficient. It also took the view
that the very nature of the concept of immediate interim relief and the purpose for mlch it was
intended would be defeated if this remedy was inextricably linked with the outcome of a
criminal trial. Thus, considering the case to be a fit one for grant af immediate intedrn relief,
the Commission made the following recommendations:
(a) That immediate interim relief of Rs.2 lakhs be paid by the State of Maharashtra
to the dependents of the deceased Pinya Hari Kale. Out of the amount of Rs.2
lakhs, a sum of Rs.25,000/- shall be paid in cash to the widow of the deceased
and ths rest of the amount of Rs.1,75,0001- shall be deposited in the names of
wife and children, if any, of the deceased in any of the nationalished banks of the
choice of the beneficiaries in fixed deposit for a period of three years, with the
condition that the fixed deposit shall not be withdrawn nor any loan permitted on
the security of the fixed deposit. The interest accruing on t b deposit periodically
shall, however, be payable to the widow and the children for their upkeep and
maintenance, and
(b) That Government of Maharashtra do consider appropriate action against Shri
S.B. More, Tehsildar and Taluka Executive Magistrate, Baramatl for the palpably
false entries in the Panchnama and ignoring the injuries on the person of the
deceased and for doctodng the inquest report to suit tho offenders, and against
the then Medical Officer, Government Hospital, bramati who, on 9 Sune 1998
conducted the post-mortem, after affording to both an opportunity to show cause
why such action should not be initiated awinst them.
Death at Srnabhal Bhulabhal Maehhar due ta negllgenca of Pollccr offfclals:
GuJarat(Case No. 3177196-97lNHRC)
The District Supdt of Police, Godhra In his fax me-ge
dated 6 July 1996 reported to
the Commission the death in police custody of Shri Sanabhai Bhulabhai Machhar on 4 July
1998. The brother of the deceased made a complaint and on that basis a FIR was lodged.