NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
vii.
Further no attempt was made to rush the injured to the hospital, on the other hand RSI K
Uday Bhaskar himself also did not go to the hospital. Rather, he went to the Police Station
to report the matter. This conduct is also considered abnormal by the Commission and
lends strength to the inference that the encounter was not genuine.
viii. The UTPs were produced in Hyderabad court on 06.04.2015 i.e., a day prior to the day of
encounter also. The UTPs being high security prisoners, prudence demanded that rather
than taking them back to Warangal just for the night to be brought again to Hyderabad
the next day, they could have been kept in the Hyderabad Jail. Therefore, taking them
back to Warangal was against the security drill and this violation of basic security norm
also is indicative of premeditation on the part of the police to eliminate the UTPs in an
extra-judicial and illegal manner.
ix.
Thus, the Commission on the basis of its enquiries and analysis of the facts before it was
of the view that prima-facie the rights of the five deceased UTPs had been violated and
they had been deprived of their lives in a totally illegal and unconstitutional manner. The
Commission observed that the State of Telangana had a vicarious liability for the violation
of human rights and was also vicariously liable to compensate the NoK of the deceased
UTPs. The Commission, therefore, directed to issue a notice u/s 18 (a) (1) of Protection of
Human Rights Act to Chief Secretary, Government of Telangana to show cause as to why
the Commission shall not recommend payment of Rs. Five Lakhs each as compensation to
the NoK of the deceased.
x.
In response to the show cause notice, DGP, Telangana vide communication dated
05.06.2018 submitted that it would be pre-mature to come to a decision on the payment
of compensation to the NoK of the five deceased persons as the investigation by SIT as
well as the writ petition filed before the Hon’ble High Court by the victim’s father, were
pending. Hence, the Commission was requested to hold its recommendation for payment
of monetary compensation to the NoK of the deceased persons till the conclusion of the
case.
xi.
The Commission considered the reply to the show cause notice and vide its proceedings
dated 28.06.2018 rejected the same. The Commission found that no satisfactory
explanation had been offered for the issues on which the show cause notice was
based. The Commission did not consider it appropriate to wait for the SIT to complete
its investigation or the High Court to decide the writ petition pending before it. Hence,
the Commission recommended to the Chief Secretary, Govt. of Telangana to pay a sum
of Rs.Five Lakhs as monetary compensation to each of the five deceased persons, and
submit the compliance report along with proof of payment within six weeks. Compliance
is awaited.
ANNUAL REPORT 2018-19
53