NATIONAL HUMAN RIGHTS COMMISSION, INDIA 19. ii. Pursuant to the directions of the Commission, the ADGP, State Reserve Police Force, M.S. Mumbai, submitted a report, which revealed that on enquiry in the matter an Armed Police Inspector holding charge of Company Commander was suspended, and had appointed Assistant Police Sub-Inspector Sanjay Baliram Shinde as a Head of the Armoury (Kot Commander) without considering his service record and also did not follow the instructions given by the ADGP, State Reserve Police Force, M.S. Mumbai’s Circular No. 10/2015 which mandated that Kot Commander of Armory should have a clean record and should not have any addictions. However, concerned State Reserve Police Force’s Assistant Police Sub-Inspector had around five major defaults (i.e., fine, reprimand, stoppage of increment, suspension, offence registered in Daund PS CR. No. 401/2016 dated 31.03.2016 under Sections 323/504/506/34 IPC) against him. Considering the serious default of Assistant Sub-Inspector Sanjay Baliram Shinde, and also the case registered against him in Daund PS vide CR No. 51/2018 u/s 302 IPC r/w Sections 3/25/27 of the Indian Arms Act, he was suspended on 18.01.2018 and thereafter dismissed from the service w.e.f. 29.01.2018. iii. The Commission considered the matter on 31.05.2018 and has inter alia observed that from the perusal of the report, it is clear that the Assistant Sub-Inspector Sanjay Baliram Shinde, the accused, was appointed as the Head of the Armory without considering his past service record and he killed three persons by a firearm taken from the Armory. The Daund PS Case vide CR No. 51/2018 under Section 302 IPC IPC r/w Sections 3/25/27 of the Indian Arms Act was registered against him. Departmental action has already been taken against him, and he has been dismissed from the service. This act of the Assistant Sub-Inspector Sanjay Baliram Shinde, certainly amounts to violation of the human rights of the deceased persons, namely, Anmol Jadhav, Gopal Shinde and Prashant Pawar, as a Government servant with the help of firearm taken from the Armoury, committed the heinous crime. The Government of Maharashtra is, therefore, vicariously liable for violation of human rights of the deceased persons and to pay a compensation to the next of kin of the three deceased persons. iv. In view of the above, the Commission issued a notice under Section 18(a)(i) of the Protection of Human Rights Act, 1993, to the Government of Maharashtra, through its Chief Secretary, requiring it to show cause, within six weeks, as to why the Commission should not recommend payment of Rs. 2,00,000/- each as compensation to the next-of-kin of the of the three deceased persons, namely, Anmol Jadhav, Gopal Shinde and Prashant Pawar, who were killed by an Assistant Sub-Inspector of the State Reserve Police Force. Killing of one Serajul Haque by the BSF personnel at Cooch Behar, West Bengal. (Case No. 24/25/6/2018) i. The Commission received a complaint from Shri Biplab Mukerjee, Secretary, MASUM, drawing the attention of the Commission towards an incident in which Ms. Achima Khatun @ Bibi, w/o the victim Serajul Haque, has sent a complaint to the Superintendent of Police, ANNUAL REPORT 2018-19 57