Annual Report 2010-2011
4.195 Responding to the Commission’s notice, the Superintendent of Police, District Nawada,
Bihar informed that on the basis of statement of one Kapil Dev Mishra, Crime No. 145/05 dated
3 November 2005 u/s 302/34 IPC and u/s 27 Arms Act was registered at P.S. Sirdala (Meskaur)
against Sub Inspector Kishore Kumar and Deputy Head Constable Lal Ram and that both
the accused policemen had been suspended. It was further reported that a chargesheet was
submitted on 12 November 2006 against the police personnel in the court.
4.196 Upon consideration of the report, the Commission vide its proceedings dated 17
September 2009 observed as under :“In the instant case, it is very clear that a young student, who was about to
complete his education, has been killed at the hands of police. Police are provided
weapons for protection of the people but certainly not with a view to kill innocent
persons. The State authorities should deprecate if innocent people are killed in
this fashion, should come out immediately to adequately compensate the next of
kin of the deceased. The State will also be understood having supporting such
police officers if not compensated. When after due enquiry, the police officers
have been charged and the enquiry report submitted to the Commission by the
other police officers clearly reveals that the innocent student died at the hands
of the police the State should have compensated. The report clearly reveals that
Deputy Havaldar Lal Ram and Sub Inspector Kishore Kumar were suspended
and orders for their arrest have already been issued and the enquiry officer has
held that the allegations made against them have been substantiated”.
4.197 Consequently, the Commission issued a show-cause notice under section 18(c) of the
PHRA to the Chief Secretary, State of Bihar calling upon him as to why appropriate compensation
should not be recommended to be paid to the next of kin of the deceased.
4.198 On consideration of the response of State Government, the Commission vide proceedings
dated 5 March 2011 recommended that an amount of Rs. 5,00,000 be paid as monetary relief to
the next of kin of the deceased. The Chief Secretary, Government of Bihar was further directed
to send the proof of payment to the Commission within eight weeks.
4.199 On receipt of proof from the State Government, the case was closed.
B.
Terrorism and Militancy
4.200 Today, India is facing the daunting challenge of protecting the human rights of common
man on the face of terrorism. With the grim spectre of terrorism continuing to target innocent
and defenseless people, the task of protection of human rights has become all the more
challenging.
4.201 A peaceful society rests on the pillars of justice and individual accountability. The
concern for justice has been of paramount importance while dealing with the vexed issue of
terrorism. In most of the tragedies associated with terrorism, it is mostly the common people,
whose rights are violated.
NHRC
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