NHRC, India
by accident or misfortune, and without any criminal intention or knowledge in the doing of
a lawful act in a lawful manner by lawful means and with proper care and caution." Here,
the HC did not follow proper care and caution while handling the rifle, which resulted in the
death of a person and the plea that he fired inadvertently holds no merit.
8.
vi.
While the Commission considered the facts and circumstances as brought out on records,
observed that the right to private defence cannot be justified in the course of police action.
This negligence act of HC led to the death of one youth resulting in the violation of the human
rights of the victim for which the State Government was vicariously liable. Therefore, the
Commission issued Show Cause Notice u/s 18 of the PHR Act, 1993, to the Government
of Himachal Pradesh through its Chief Secretary, as to why the Commission should not
recommend a compensation of Rs. 5,00,000/- (five lakh only) to the NOK of the deceased.
vii.
In addition to the above, the Director General of Police, Himachal Pradesh, was directed to
take disciplinary action/legal action against the negligent HC along with senior officers, who
did not ensure whether the HC wascapable of handling AK-47.
viii.
In response, the State authority reported that a closure report had been submitted in the court
and stated that the deceased was a hardcore criminal and had committed theft, therefore, he
is not entitled to any compensation, and if granted, then it will give a wrong message to the
society. The Commission concluded that the State cannot refuse compensation to a victim on
the ground that the deceased was a hardcore criminal, and hence the Commission confirmed
its recommendation of monetary relief vide proceeding dated 15.11.2021.
ix.
The State authority submitted the compliance report, and hence the case was closed on
02.02.2022.
Death of one person and serious injuries to six others in police firing during their protest
against the Citizenship (Amendment Bill), 2016, at NH-8 near Khumulwng Tripura.
(Case number:1/23/4/2019)
i.
The Commission was informed by the complainant on 11.01.2019 that during a protest by
unarmed indigenous people from Tripura against the Citizenship (Amendment Bill), 2016,
on NH-8 near Khumulwng, the police used tear gas, lathis and firing to disperse the crowd,
resulting in the death of one person and seriously injuring six others on 08.01.2019.
ii.
The reports received dated 12.02.2020 in response to the Commission’s directions revealed
that as per Magisterial Enquiry Report in the matter, a total of 17 police personnel and five
civilians were injured in the incident. An FIR was registered in the matter. Some shortfalls
were also noticed in the performance of duties by some security personnel, and one medical
officer in the incident. Departmental action was taken against the erring officials and some
of them were placed under suspension. A report submitted by the State authority stated that
financial assistance of Rs. 21,20,000/- had been distributed among the affected persons from
the CM Relief Fund on compassionate grounds.
ANNUAL REPORT
59
2021-22