Annual Report 2012-2013
hands of the deceased to show the gun shot residue as well as finger prints on the weapon
for comparison with the finger prints of the deceased to confirm that the deceased had
handled the weapon. In the absence of any ballistic examination reports and the injury
certificates which could prove that the policemen were injured in the firing, the Commission
observed that this was not a genuine encounter but an extra-judicial execution. Accordingly,
the Commission vide its proceeding dated 8 December 2011, called upon the Government
of Uttar Pradesh to show cause why it should not recommend relief for the next of kin of the
deceased for the most grievous violation of human rights.
4.172 Upon consideration of the response to the show cause notice, it became apparent
that no scientific test was carried out for finding out the presence of gun powder on the
hand of the victim who is alleged to have opened fire at the Police. It was also admitted that
the finger prints were not taken and that no police personnel sustained injury in the incident.
The Commission, therefore, vide its proceeding dated 19 April 2012, recommended to the
Government of Uttar Pradesh to pay a sum of ` 5,00,000 to the next of kin of the deceased.
4.173 As the compliance report along with the proof of payment of `5,00,000 to the father
of the deceased was received, the case was closed on 19 September 2012.
23.
Alleged Fake Encounter of a Tribal Youth in Odisha
(Case No. 702/18/14/2010-PF-AFE)
4.174 The Commission received a complaint dated 20 May 2010 from Suhas Chakma,
Director, National Campaign for Prevention of Torture, New Delhi about alleged extrajudicial killing of a tribal youth, Matias Haro, aged 30 years, and beating up of Amar Topno
by combined team of CRPF and Odisha Police on 12 May 2010 in Sundargarh District of
Odisha. It was alleged that Matias Haro and four other youth were asked to accompany the
police party from Digha village to show the road near Odisha-Jharkhand Border in
Sundargarh District. The police party returned with all the youth except Matias Haro. The
joint team claimed that Matias Haro belonged to Maoists cadre and was killed in an
encounter on 12 May 2010. However, the residents of Digha village alleged that Matias
was innocent and killed in a fake encounter after being picked up by the joint team. A
prayer was made for intervention by the Commission, independent investigation and
compensation for the victim as well as the family of the deceased.
4.175
Upon consideration of the various reports received, namely, the inquest,
postmortem and the magisterial enquiry reports and the status report of investigation of
Bisra Police Station, a Case No. 36/2010 was registered in connection with the incident.
The Commission vide its proceedings dated 10 February 2011 requested the State Government
to entrust the investigation of the case to the CB-CID.
4.176
The CB-CID in their report reached three broad conclusions:
i)
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Though the residents of Digha had claimed that Matias Haro was