CHAPTER 4 take appropriate disciplinary action against the delinquent police officials SI Gagan Kumar Sudhakar, then SO, PS Jairampur, HC Shri Ram Naresh and constable Ranjit Kumar Yadav for false implication. The report further stated that on investigation of crime no. 21/13 u/s 341/323/326/338 and 120B/34 IPC, the allegations made against the accused Shailendra Singh alias Montu Singh, ASI Mukesh Kumar, constable driver Shailendra Singh and constables Sandip Kumar Paswan, Vinod Kumar, Rakesh Kumar, Kundan Kumar, Manu Pratap alias Sushil Kumar and also two unknown associates of Montu Singh were found true and sufficient evidence was collected to submit a charge sheet against the said accused persons. The IO has been directed to arrest the accused and to secure their presence. 4.88 The Commission upon further consideration of the matter on 30.6.2014 interalia observed and directed as under:“ As the investigation of the above crime, it was found that Mukesh Kumar and his brotherin-law Rajiv Kumar were arrested illegally on false charges and thereafter subjected to custodial violence out of whom Mukesh was inflicted grievous injuries endangering his life so prima facie there was serious violation of human rights to life, liberty and dignity of the above named two persons by then SP, Sheikhpura and subordinate police officials of PS Sheikhpura and Jairampur, Bihar as such the State Government of Bihar being employer was vicariously liable to compensate the victim for the atrocities committed by its employees. The Commission, therefore, directs that a show cause notice be issued to the State Government of Bihar through its Chief Secretary to show cause within six weeks as to why the Commission may not recommend payment of suitable monetary relief/compensation to the victims by the State Government along with payment/reimbursement of entire cost of medical treatment of these two persons by the State Government. The DGP, Bihar, Patna is also directed to get FIR registered against the delinquent police officials to prosecute them for the abuse, misuse of their power for arrest and detention of the victims on false charges and causing violence resulting in physical and mental agony to the victims. The ATR be sent in six weeks.” 4.89 The Commission upon further consideration of the matter on 24.3.2015 interalia observed and directed as under:“The Commission has carefully considered the reports. It is now crystal clear that victims Mukesh Kumar and his brother-in-law Rajiv Kumar were falsely implicated and subject to police torture by police personnel of Sheikhpura police. They sustained grievous injuries on their persons. Besides, the torture meted out to the victim were barbaric and unprecedented. In this background, the Commission recommends that the victims Mukesh Kumar and Rajiv Kumar each be paid a monetary compensation of Rs. 25,000/- (Rupees Twenty Five National Human Right Commission Annual Report - 2014-2015 47

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