4.128 In response to the show cause notice, the State Government vide its communication
dated 20.6.2014, highlighted the criminal antecedents of the deceased. The State Government
also forwarded a report of DIG, CB CID. The DIG relied on CB CID investigation, which
was conducted in pursuance of the Commission’s direction in that case. The investigation
report of CB CID was discussed in detail by the Commission and it was held that the
investigating agency had tried to hush up the case.
4.129 Since the State Government did not make any comment about the observation of
the Commission regarding the planting of a motorcycle at the place of occurrence, the
Commission in its proceedings dated 18.02.2015 observed that the State admitted that
the encounter in which Budesh Mishra was killed was not genuine as the planting of
the motorcycle knocked out the very foundation of the police version. Therefore, the
Commission recommended to the Govt. of Uttar Pradesh to pay a sum of Rs. five lakhs
as monetary relief to the next of kin of the deceased Budesh Mishra. Chief Secretary,
Government of Uttar Pradesh has been asked to submit the compliance report with proof of
payment within eight weeks and the same is awaited.
20. Death of a Person by SOG Police in Alleged Fake Encounter in Aligarh,
Uttar Pradesh (Case No. 47628/24/3/08-09-AFE)
4.130 The Commission received a telegraphic complaint from one Viresh alleging that his
younger brother Rakesh alias Chache had been picked up by the SOG (Special Operations
Group) Police from the house of his relative on 10.02.2009 and eliminated in a fake
encounter. Later on, another complaint was received from Smt. Kailashi Devi, mother
of deceased Rakesh on 01.02.2010. She alleged that her son had been picked up by the
police from the house of a relative named Sudhir Pachori on 10.02.2009 in the presence of
her daughter Rachna. The complainant further alleged that on receiving information from
her daughter Rachna, she had gone to P.S. Sasni Gate, Aligarh, along with Narender S/o
Hotilal, Gaindalal Baghel, Mahboob and Hanuman on 10.02.2009 at 9:30 pm and she had
seen Rakesh in the lock-up. She further claimed that the SHO had promised to release her
son after enquiry. Addl. Superintendent of Police (City), Aligarh also sent an intimation
regarding death of Rakesh in an encounter with SOG personnel.
4.131 The Commission took cognizance of the incident and requested its Director General
(Investigation) to collect requisite reports from concerned authorities.
4.132 According to the police version, on 11.02.2009, SOG Incharge Avdesh Kumar along
with his team was present in front of the main branch of State Bank of India in Aligarh
when he received secret information that two criminals were standing with a motorcycle
in front of the Mazar gate of Civil Court. On receipt of this information, the SOG team
proceeded towards the court and saw two persons standing there with a motorcycle. On
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National Human Right Commission Annual Report - 2014-2015