Annual Report 2010-2011 they fired from a distance is not acceptable in view of the entry wound found on the person of the deceased. It is clear that the deceased was executed. Therefore, the Commission is of the view that it is a fit case where monetary relief is required to be given.” 4.171 Accordingly, the Commission directed that a notice u/s 18 of the PHRA be issued 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 Salim. 4.172 Vide proceedings dated 29 December 2010, the Commission considered the response received from Government of Uttar Pradesh to its show-cause notice wherein it was stated that late Salim was a person with a criminal bent of mind, had many criminal cases registered against him, and was engaged in extortion of money from villagers when the police confronted him in the encounter that led to his death. 4.173 The Commission observed that this was an extra-judicial execution and therefore the most heinous violation of human rights. Only the judiciary in India has the power to pronounce a sentence of death. Policemen are not permitted to take the law into their own hands or to pre-empt the judicial process. It is for these reasons that the Commission was of the view that in this case monetary relief had to be given to the next of kin. 4.174 Accordingly, the Commission recommended to the Government of Uttar Pradesh to pay Rs. 5,00,000 to the next of kin of the late Salim. 4.175 The compliance report along with proof of payment is awaited in the case. 35. Death of Five Persons in Alleged Police Encounter in Sironcha Forest Area in District Gadchiroli, Maharashtra (Case No.2103/13/2003-2004) 4.176 The Commission received a complaint dated 29 November 2003 from T. Duryodhana Reddy, a human rights activist of Ganjam District in the State of Odisha. A copy of the news item published in The Hindu dated 19 November 2003 relating to the death of five persons in an alleged police encounter in Gadchiroli District of Maharashtra was enclosed with the complaint. As per the news item, during a combing operation in Sironcha forest area, the police had sighted a few suspected Naxalites. They fired at the police party and the retaliatory firing by the police resulted in the death of five Naxals. 4.177 Taking cognizance of the matter, the Commission conveyed the complaint to the Senior Superintendent of Police in Gadchiroli and called for an action taken report on the incident. In response, the report received from the Superintendent of Police revealed that the Naxalites had unleashed a reign of terror in the District and on 28 November 2003, when the police party of Police Station Zingnoor was conducting anti-Naxal operation in Kosagota Pahari jungle, some unknown armed Naxalites of Janshakti Naxal Dalam fired at the police party with the intent of killing them and looting the arms and ammunition. The police too fired back in self-defence and five persons including a female member of Janshakti Naxal Dalam were gunned down during the course of the encounter. The Commission then directed the Director General of Police, Maharashtra to get the entire matter investigated in accordance NHRC 51