NATIONAL HUMAN RIGHTS COMMISSION, INDIA on 23.12.2015 and the Police have submitted closure report in the matter. An administrative action against Lieutenant Colonel Arjun Kaistha for behaving immaturely with a civilian has been taken at appropriate level. The case is presently sub-judice before the Sessions Judge Court, Pathankot and on receipt of the outcome/decision of the Hon’ble Court appropriate action will be taken. iii. The Commission, issued a notice under Section 18(a)(i) of the Protection of Human Rights Act, 1993 to the Secretary, Ministry of Defence, Government of India, directing him to show cause as to why the Commission should not recommend payment of compensation of Rs. 1,00,000/- to the next-of-kin (NOK) of the deceased victim Anil Kapoor. iv. The Under Secretary (AG-I), Ministry of Defence, Government of India reported that the instant case is presently sub-judice in the Additional Session Judge Court, Pathankot, and is being defended by the individuals (accused) in their personal capacity. Army is in no way involved in defending the case and there is no onus on the Army. v. While considering the response of the Ministry of Defence, the Commission observed that since these Army officers committed violation of human rights of the deceased when they were in service and at the place of posting, the Ministry of Defence, Government of India, could not deny their liability to make reparations to the next-of-kin (NoK) of the deceased Anil Kapoor, whose human rights were violated. The Commission, therefore, recommended to the Secretary, Ministry of Defense, Government of India, to make a payment of Rs. 1,00,000/- as compensation to the next-of-kin(NoK) of the deceased Anil Kapoor and to send within three months, the compliance report along with proof of payment. vi. The Under Secretary to the Government of India, Ministry of Defence, submitted that the crime was committed by the Army personnel, in their private capacity and the matter is presently sub judice in the court of Additional Sessions Judge, Pathankot. The same is being defended by the individual in his own capacity. The necessary administrative action has already been taken against these Army personnel. Therefore, no vicarious liability can be fixed on the Government of India, to pay compensation to the next of kin of the deceased and the case may be treated as ‘dropped’. vii. The Commission considered the matter on 08.10.2018 and in view of the stand taken by the Government of India closed the case. 18. Three innocent persons namely, Anmol Jadhav, Gopal Shinde and Prashant killed, by a Jawan of State Reserve Police Force (Case No. 387/13/23/2018) i. 56 Shri R.H. Bansal, a human rights activist, brought to the notice of the Commission that a Jawan of State Reserve Police Force killed three innocent persons, namely, Anmol Jadhav, Gopal Shinde and Prashant Pawar by his service firearm in PS Daund, Pune District, Maharashtra. ANNUAL REPORT 2018-19