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

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