NATIONAL HUMAN RIGHTS COMMISSION 4.93 The Commission on 06.06.2014 took cognizance and obtained reports from Principal Secretary, Electricity Department, Govt. of Uttar Pradesh. The Commission considered the matter on 04.02.2016 and observed that the incident took place due to flow of very high voltage of electric current in the LT Line, transmitting the electricity to the Villages as a result of which a high voltage of current passed to the pedestal Fan, resulting in death of Shoaib Ahmed and injuries to his brothers and one Shakuntala Devi. Therefore the death was caused due to negligence on the part of Electricity Department. Secondly it was the duty of the Electricity Department to prevent use of illegal electric connection which they failed to discharge. Therefore the State Govt. is vicariously liable for the death of Shoaib Ahmed and injuries to others. In this regard the Commission placed reliance on the decisions of the Hon’ble Supreme Court of India in the matter of MC Mehta Vs Union of India (AIR 1987 SC 965) and M.P. Electricity Board Vs Shail Kumari & Others [(SCC (2002) 2, 162]. 4.94 The Commission took the considered view that the human rights of the deceased as well as the persons who have got injured due to negligence of the Electricity Deptt. of Govt. of UP, have been violated. And, therefore, the Commission issued a Notice u/s 18 of Protection of Human Rights Act (PHRA), 1993, to the Chief Secretary, Govt. of UP, calling upon him to Show Cause within six weeks as to why compensation should not be recommended to be paid to the Next-of-Kin of the deceased Sh. Shoaib Ahmed and 03 other injured persons namely, Suhail Ahmed, Gulfam Ahmed and Smt. Shakuntala Devi. 4.95 The Commission further considered the matter on 23/11/2017 and having received no response from the Chief Secretary, Government of UP, assumed that the Government of UP has nothing to say in the matter. Thus the Commission recommended payment of monetary compensation of a sum of ` 200,000 (Rupees Two lakhs only) to the next of kin of the deceased Shoaib Ahmad for violation of his human rights. Injured Suhail Ahmed and Gulfam Ahmad who got injured due to electrocution were recommended monetary compensation of ` 15,000/each and Smt. Shankutala Devi w/o Kallu Ram was recommended monetary compensation of Rs 40,000/- to be paid by the Government of UP for violation of their human rights within eight weeks. 4.96 The compliance report along with proof of payment is awaited from the State Government of Uttar Pradesh. 17) Low Lying 11 KV Electric live-line causes Death of 60 Year Old Braj Kishore Sahu in Village Badarupa, District Badrak, Odisha. (Case No.5685/18/18/2016) 4.97 The Complainant, Shri Radhakanta Tripathy, a human rights activist alleged that on 16.09.2016, one Braja Kishor Sahu, aged about 60 years of Village Badarupa, District Bhadrak, Annual Report 2017-2018 61

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