NATIONAL HUMAN RIGHTS COMMISSION, INDIA
were found dead at the railway track. The report of the SP was also silent about the fact
that when they were in the police custody, how they could reach the railway track where
their dead bodies were found.
5.
iii.
From the infirmities in the report, the Commission had arrived to the conclusion that ,
in such circumstances, Bhaskar and Sachin were both murdered in police custody and
their human rights were violated by the police of Police Station Fakurpur, Yamuna Nagar,
Haryana.
iv.
The Commission had then directed its registry to issue a notice under Section 18(a)(i) of
PHRA 1993 to the Chief Secretary, Government of Haryana, to show cause as to why the
Commission should not recommend monetary compensation to the NoK of the deceased
Bhaskar and Sachin for violation of their human rights by the police of Yamuna Nagar,
Haryana.
v.
Subsequently, Director General of Police, Haryana had vide letter dated 8/3/2018 forwarded
the report of SP, Yamuna Nagar dated 19.2.2018 stating therein that the complainant had
filed a WP No.12315-12 before the Hon’ble High Court of Haryana in the matter and the
Court had appointed an SIT to enquire into the matter and the enquiry is going on.
vi.
SP, Yamnua Nagar was apprehensive of the intervention of the Commission in view of
fact that the matter was sub-judice.The Commission perused the objection raised by the
SP, Yamuna Nagar and held that this Commission was only concerned with the violation
of human rights by public authority. Even if a matter was sub-judice, it doesn’t stop the
jurisdiction of the Commission for payment of monetary relief under Section 18(a)(i) of
PHRA, 1993 for violation of human rights by public servants. The Commission has been
established for looking into the commission or omission on the part of the public servants
and if they are involved in violation of human rights to take it to the logical conclusion
and these proceedings are proceedings of a Civil Court. Therefore, the proceedings of
the Commission are separate and distinct from the proceeding in the criminal offences
before the criminal Court. Hence the Commission recommended the Chief Secretary,
Government of Haryana to pay a monetary compensation of Rs.1,00,000/- (Rupees One
Lakh only) each to the NoK of the two deceased Baskar and Sachin and file the proof of
payment within six weeks. That direction of the Commission was complied with by the
State by submission of a compliance report.
Death of a 17 year old child, Kiran Hasavavraj Wagh in the custody of Child Home,
Ahmednagar, Maharashtra
(Case No. 1943/13/1/2017DH)
i.
54
The commission received an intimation from the District Magistrate (DM), Ahmednagar
about the death of a 17 year old child, Kiran Hasavavraj Wagh, while he was in the custody
of Child Home, Ahmednagar, Maharashtra.
ANNUAL REPORT 2019-20