NATIONAL HUMAN RIGHTS COMMISSION, INDIA v. The Commission also considered the magisterial enquiry report of the incident and expressed its displeasure on the way in which the magisterial enquiry had concluded in favour of the State basically on the ground that the deceased persons were criminals and serious threat to the society ignoring the principle that even the criminals have human rights and that they cannot be eliminated in a fake encounter. vi. In the light of the above, the Commission expressed the view that the three deceased persons were killed by the security force in an extra judicial manner and their human rights were grossly violated. Holding the State vicariously liable to pay monetary compensation to the next of kin of the three deceased persons, the Commission issued notice u/s 18 of the Protection of Human Rights Act, 1993 to the Govt. of Jharkhand to show cause as to why an amount of Rs.Five Lakhs to the NoK of each of the victim, be not recommended. Addl. IGP, CB-CID, Jharkhand, Ranchi, in his response to the show cause notice did not oppose the payment of monetary compensation to the NoK of the three deceased persons and stated that a recommendation had been made by the police to the State Government for providing monetary relief to the NoK of the three deceased persons. vii. Keeping in view the willingness of the State Government for payment of monetary compensation to the NoK of the three deceased persons, the Commission recommended to the Chief Secretary, Govt. of Jharkhand to pay a sum of Rs.Five Lakhs to each of the NoK of the three deceased persons, and to submit compliance report along with proof of payment. viii. Since the identity of third victim as Sahdev Murmu was reportedly doubtful, the Commission directed that efforts should be made to identify the third person and as and when his identification is ascertained, the monetary compensation of Rs.Five Lakhs be paid to his NoK and the proof of payment be sent to the Commission within the same period. ix. 17. Compliance report is awaited. The matter is under consideration of the Commission. A businessman named Anil Kapoor, r/o Pathankot, Punjab beaten to death by the officers of Army (Case No. 424/19/22/2015) i. The complainant Shri R.H. Bansal, Director, Centre for Human Rights, Rohini, Delhi has alleged that one businessman named Anil Kapoor, r/o Pathankot, Punjab was brutally beaten to death by the officers of Army viz. Lt. Col. Arjun Kaistha and Major Rahul Palak.on 20.3.2015. ii. Pursuant to the Commission’s directions, the Under Secretary (AG-I), Ministry of Defence has sent a report stating that army authorities ie. Lieutenant Colonel Arjun Kaistha, Major Raoul Pallat Ramesh and Brigadier (Retd.) Arun Kaistha were produced in Court on 23.3.2015 and remanded them to judicial custody for 14 days. The last date of hearing was ANNUAL REPORT 2018-19 55

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