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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
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