CCTV footage from various spots. On appraisal of evidence, the Magistrate found that
deceased Karan Pandey and his friend Puneet Sharma were also part of the group of stunt
bikers who were performing stunt biking at the time of the incident. He further observed
that Inspector Rajneesh Parmar, who fired at the deceased, did not adopt the standard
procedure to control the stunt bikers and resorted to disproportionate use of force by firing
directly towards the lone bike of the deceased when the threat perceptions to the lives of
PCR officials had reduced. On the basis of the inquest report, post mortem report, FSL and
ballistic reports, CCTV footage and the statements of witnesses, the Magistrate concluded
that:(i)
There was negligence and error of judgment on the part of Inspector Rajneesh
Parmar to open fire at the rear tyre of the bike which resulted in the death of
Sh.Karan Pandey.
(ii)
There was unnecessary use of force by opening fire which was disproportionate
to the amount of threat to PCR official’s life.
(iii)
The entire incident of heavy stone pelting is highly doubtful in the light of
CCTV footage and statements of witnesses except for Sh. Ram Niwas which
could have caused life threatening risk to PCR officials.”
4.149 On careful consideration of various reports including the magisterial inquiry report,
the Commission vide its proceedings dated 31.03.2014 opined that the next of kin of
deceased Karan Pandey should be given suitable compensation and directed to issue notice
to the Government of NCT of Delhi to show cause why monetary relief u/s 18 of the
Protection of Human Rights Act, 1993 be not recommended to be paid to the next of kin
of deceased Karan Pandey. He was also directed to furnish the Action Taken Report on the
magisterial inquiry report to the Commission.
4.150 Since no reply to the show-cause notice issued to the Chief Secretary, Government
of NCT of Delhi was received, the Commission vide its proceedings dated 07.07.2014
presumed that the Government of NCT of Delhi had no objection against the grant of
monetary relief. Considering all the facts and circumstances of the case, it recommended to
the Government of NCT of Delhi to pay a sum of Rs. 5.00 lakhs as monetary relief to the
NOK of the deceased – the mother of the deceased. Chief Secretary, Government of NCT
of Delhi was also required to submit compliance report along with proof of payment.
4.151 In response to the directions of the Commission, Deputy Secretary (Home),
Government of NCT of Delhi informed that the Hon’ble Lt. Governor, Delhi had raised the
amount of monetary relief recommended by NHRC from Rs. 5,00,000/- to Rs. 50,00,000/to be paid to the next of kin of the deceased Karan Pandey. Addl. Commissioner of Police,
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National Human Right Commission Annual Report - 2014-2015