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.
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