part of the mob. He happened to be passing by and received a bullet injury on his face. The locus of
injury sufficiently indicates that the police neither exercised caution nor abided by the norms
which should have ordinarily been followed. The Commission was hence convinced that the State
must redress the suffering caused to the complainant.
6.87 The Commission was aware of the fact that the complaint was not made within one year of
the date of the violation of human rights. However, it was also aware of the vital fact that the
complainant remained hospitalized virtually throughout the entire period up to 30 September
2000. He made the complaint within three months after discharge from CMRI and even at that
time, he was not in a normal state of health and was breathing with the help of an apparatus.
6.88 Taking all these facts into account, the Commission felt that the complainant definitely had
a cause to claim monetary relief from the Government and even if his claim is not overtly refused,
any inaction itself will give rise to violation of human rights reckoned from the time relief was not
granted. The claim thus should not be treated as belated. Infact, it would seem inhumane to say
that the complaint was not made within time. The local police appear to be aware of the gravity of
the situation and did not raise the objection of time limitation at any stage. Moreover, denial of
monetary relief at this stage will be a negation of the very concept of human rights and it will defeat
the purpose of the Protection of Human Rights Act.
6.89 Considering the details of the case, the nature of injury, the magnitude of suffering and the
expenses incurred on treatment, the Commission recommended that the State of Bihar pay
Rs. 7,00,000 as monetary relief to the complainant. The Chief Secretary, Government of Bihar was
directed to submit the compliance report, along with proof of payment, within eight weeks. The
compliance report and proof of payment are awaited by the Commission.
23.
Death of Sunil Mandal due to Police Firing in Balasore, Orissa
(Case No. 837/18/2001-2002)
6.90 The complainant drew attention of the Commission to a news item in the English daily
'Pioneer' dated 8 February 2002. The news item stated that at Balasore in Orissa, the Police, in a
desperate bid to halt a bus, opened fire which resulted in the death of one innocent passenger,
Sunil Mandal. The State Government ordered an inquiry into the incident and announced an exgratia compensation of Rs.1,00,000 to the family of the deceased. The two policemen involved
were suspended and a case u/s 304 IPC was also registered.
6.91 The Superintendent of Police reported that a total of Rs. 5,00,000 had been paid by the State
of Orissa to the family members of Sunil Mandal, of which Rs. 1,00,000 was paid from the Chief
Minister's Fund and Rs. 4,00,000 as per the directions of the High Court of Orissa.
6.92 As the State of Orissa has submitted proof of payment and action against the delinquent
policemen was taken, the Commission closed the case on 11 March 2008.
National Human Rights Commission 47