Annual Report 2008-2009 the police on the same day in a hurry and then admitted to jail. The Investigation Division team also referred to a VCD which showed one constable slapping a senior leader of a political party. As regards the incident at Saifai, the plea of firing in self-defence taken by the local police was also disbelieved by the team from the Investigation Division in the report submitted by it. The investigation team further pointed out that an FIR No.1(B)/2008 u/s 147/148/149/302/307 IPC was registered at PS Saifai on the direction of the ACJM, Etawah u/s 156(3) Cr.P.C. against the Senior Superintendent of Police, Etawah, and five other policemen. The investigation was, however, closed on the very next day and the final report was submitted in the court. After examining the enquiry report submitted by the Investigation Division team, the Commission finds it difficult to believe that an honest investigation of such a serious crime could have been reasonably concluded within a matter of one day in FIR No. 1 (B)/2008. It is, therefore, desirable that the incident in which one boy namely Mukesh lost his life and another boy Avnish received bullet injuries should be investigated by an independent agency to ensure a fair and impartial investigation. It is also desirable that the officer who was posted as Senior Superintendent of Police in Etawah, on 9 January 2008, should be transferred to some other place. Immediate interim relief should be given to the injured student Avnish and to the next of kin of the deceased Mukesh. The Commission ordered issuance of notice u/s 18 (c) of the PHR Act, 1993, to the Government of Uttar Pradesh. The Director General of Police, Uttar Pradesh is directed to submit a report explaining as to why six injured students were removed from Balrampur hospital in a hurry on 8 January 2008 itself. He is further directed to inform the Commission whether any action had been taken against the Constable who was seen in the VCD slapping a political leader on 8 January 2008. The Government of Uttar Pradesh is directed to immediately order investigation of FIR No. 1 (B)/2008 of PS Saifai by CBCID u/s 173 (8) of Cr.P.C. after obtaining permission from the concerned court. The Government is further directed to transfer the then Senior Superintendent of Police, Etawah, in order to ensure fair investigation. The Director General of Police, Uttar Pradesh, and the District Magistrate and the Senior Superintendent of Police, Etawah, Uttar Pradesh are also directed to take appropriate action with regard to the investigation of the case as per guidelines laid down by the Commission in a letter dated 2 December 2003 of the Chairperson, NHRC to the Chief Ministers’ of all States. Action taken according to the above guidelines and the final outcome thereof be reported to the Commission within four weeks. Magisterial Enquiry Report, Post-Mortem Report along with report of independent investigation may be submitted to the Commission within six weeks”. 4.74 The report is awaited and the matter is under consideration of the Commission. 39

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