CHAPTER 4 police should have however realized that the matter was under consideration of the Commission and therefore all vital evidence should have been preserved. CBCID has itself recommended departmental action against the local I.O. for omission to seize the record of control room. As regards the mechanical inspection of the police vehicle, we may point out that the incident took place on 11.02.2009 but the police vehicle was sent for mechanical examination on 13.03.2009. The intervening gap of one month has not been explained. In any case, no explanation has been given for omitting to take a photograph of the damaged police vehicle. As regards the statement of Kailashi Devi, CBCID has taken into consideration only a part of her statement. It has completely ignored the latter part in which she has reiterated the allegations made by her in the complaint. The other points raised by the Commission in its proceedings dated 18.12.2013 have not been answered at all.” 4.140 Hence, the Commission found no reason as to why monetary relief should not be recommended to be paid to the next of kin of deceased Rakesh alias Chache and recommended to the government of Uttar Pradesh to pay a sum of Rupees Five Lakhs as monetary relief to the next of kin of deceased Rakesh alias Chache. Chief Secretary Government of Uttar Pradesh was asked submit compliance report along with proof of payment within eight weeks but the same is still awaited. 21. PoliceEncounter Leads to Death in Dilshad Garden, Delhi (Case No. 4693/30/2005-2006) 4.141 The Commission received an intimation dated 19.03.2006 from the Joint Commissioner of Police, Special Cell, Delhi regarding the death of one Ashok alias Bunti in an encounter with police on 18.03.2006. As per intimation, the police received an information that Ashok alias Bunti would be coming to Sports Complex, Dilshad Garden to meet an associate. A trap was laid to nab him. At about 09.45 p.m., a green Maruti car came towards the Sports Complex from the side of Tahirpur. One person alighted from the car and stood waiting for someone. He was identified by the informer as Ashok alias Bunti. The police asked him to surrender, but he started firing and tried to flee. The police party returned the fire in self defence. In the ensuing encounter Ashok alias Bunti was injured. He was taken to GTB Hospital and there he was declared dead. 4.142 Pursuant to the Commission’s direction, the Additional Commissioner of Police, Vigilance, Delhi reported that the case file was missing and new case file had been reconstructed. The post mortem report was also sent, which reveals ten ante mortem injuries. The cause of death, according to medical opinion was “shock as a result of haemorrhage caused by multiple injuries and extensive craniocerebral damage”. Magisterial enquiry was not held in this case. The re-investigation was conducted by the local police after reconstruction of the case file. It was reported that the incident being seven-and-a-half years National Human Right Commission Annual Report - 2014-2015 59

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