National Human Right Commission
We find that Shri Anil Kumar Thakur, Judicial Magistrate First Class,
Banka has given cogent and sound reasons for his judgment while
acquitting the accused. No doubt, an appeal from the judgment of
the Magistrate is pending, but the pendency of the appeal cannot
detain us from proceeding with the inquiry. More so, because the
Appellate Court has not stayed the operation of the impugned
judgment. Considering all the facts of the case, we are satisfied
prima facie that Gautam Kumar Singh was falsely implicated in a
criminal case. The matter becomes all the more serious because
admittedly, the victim had no criminal antecedents. A notice be,
therefore, issued to the Government of Bihar requiring it to show
cause why monetary relief u/s 18 of the Protection of Human Rights
Act, 1993 be not recommended to be paid to Gautam Kumar Singh.
Chief Secretary, Government of Bihar shall submit reply to the show
cause notice within six weeks.”
4.67 The matter is scheduled to be taken up during the Camp Sitting of the
Commission at Patna, Bihar on 22 April 2016.
d)
Police Firing and Encounter
14.
Death of 20 Red Sanders Smugglers in an Alleged Encounter with Joint
Team of Special Police and Forest Personnel in Seshachalam Forests of
Chittoor District, Andhra Pradesh
(Case No.475/1/3/2015-AFE)
4.68 The Commission came across a media report in The Times of India
dated 7 April 2015 under the caption “Police kill 20 sandalwood smugglers in
Andhra Pradesh”. It was reported that 20 red sanders smugglers were killed in
an alleged encounter with a joint team of special police and forest personnel
in the Seshachalam forests of Chittoor District, Andhra Pradesh in the early
hours of Tuesday, 7 April 2015. According to the report, the incident took place
62
Annual Report - 2015-2016