Annual Report 2010-2011
for examination either was not received in the said Laboratory or its report was suppressed.
Prima facie it is only indicative of the fact that the police had not made a proper inquiry in the
matter.
4.137 Considering the entire incident, the Commission vide its proceedings dated 5 July 2010
directed to issue a notice u/s 18 of the PHRA to the Chief Secretary, Government of Uttar
Pradesh to show-cause as to why monetary relief should not be recommended to the next of
kin of the deceased, Sukh Devi.
4.138 In response to the show-cause notice, the Government of Uttar Pradesh, stated on the
basis of the post-mortem and the report received from the Agra Forensic Science Laboratory
that the deceased had died due to 315 bore bullet. Besides, no police personnel were found
to be guilty. Therefore the justification for grant of any monetary relief was not justified. The
Commission carefully examined the submission made by the State Government and observed
that the deceased Sukh Devi died owing to the negligent action of the police and the next
of kin of the deceased Sukh Devi were entitled for compensation. The Commission vide its
proceedings dated 29 November 2010 recommended to the State of Uttar Pradesh that a sum
of 1,00,000 be paid to the next of kin of the deceased Sukh Devi.
4.139 While the State Government has issued financial sanction for the payment of Rs. 1,00,000
to the next of kin of the deceased, the proof of payment is awaited in the case.
29.
Alleged Killing of Two Persons and Injuries Caused to a Number of Persons by Police in District
Palamu, Jharkhand (Case No.172/34/2003-2004)
4.140 The Commission on 9 June 2003 received a complaint from one Yashwant Kumar Mehta,
a resident of Deepova village in Palamu District of Jharkhand, alleging that on 30 April 2003 his
son Mani Kundal Mehta had gone to the market for shopping. At Pitch Road, Forest officials
had stopped a tractor. Mani Mehta and one another person on seeing the crowd at Pitch Road
stopped to watch. The police in the meantime, without any reason, abused and fired at Mani
Kundal Mehta and shot him dead. The cleaner of the tractor, Roop Dev Yadav, was also shot
by the police. Later, the police picked up Sanjay alias Viswanath Mehta from the Manjaouli
village and killed him. The police also thrashed a number of innocent persons of the village.
The complainant prayed the Commission for action against the errant police personnel and
compensation to the next of kin of the deceased and the injured.
4.141 In response to the notice issued by the Commission, the Deputy Inspector General of
Police (Human Rights), Jharkhand, vide letter dated 12 February 2004 forwarded a report dated
19 September 2003 received from the Superintendent of Police, Palamu wherein it was stated
that a case No. 91/03 u/s 364 IPC and section 17 of the Criminal Law Amendment Act was
registered against the deceased Vishwanath Mehta and Mani Kundal Mehta for kidnapping
one Vikram Singh. Another case No. 92/03 u/s 147/148/149/353/307 IPC and section 25,26,27,35
Arms Act was registered against the deceased Vishwanath Mehta and Mani Kundal Mehta
and 32 others for an attack on the police party with the intention to kill them. During the
course of investigation, both the cases were found to be true. It was further reported that on
30 April 2003, Sub-Inspector Dinesh Kumar Rana along with other police personnel on patrol
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