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police should have however realized that the matter was under consideration of the
Commission and therefore all vital evidence should have been preserved. CBCID has itself
recommended departmental action against the local I.O. for omission to seize the record of
control room. As regards the mechanical inspection of the police vehicle, we may point out
that the incident took place on 11.02.2009 but the police vehicle was sent for mechanical
examination on 13.03.2009. The intervening gap of one month has not been explained. In
any case, no explanation has been given for omitting to take a photograph of the damaged
police vehicle. As regards the statement of Kailashi Devi, CBCID has taken into
consideration only a part of her statement. It has completely ignored the latter part in
which she has reiterated the allegations made by her in the complaint. The other points
raised by the Commission in its proceedings dated 18.12.2013 have not been answered
at all.”
4.140 Hence, the Commission found no reason as to why monetary relief should not be
recommended to be paid to the next of kin of deceased Rakesh alias Chache and recommended
to the government of Uttar Pradesh to pay a sum of Rupees Five Lakhs as monetary relief
to the next of kin of deceased Rakesh alias Chache. Chief Secretary Government of Uttar
Pradesh was asked submit compliance report along with proof of payment within eight
weeks but the same is still awaited.
21. PoliceEncounter Leads to Death in Dilshad Garden, Delhi
(Case No. 4693/30/2005-2006)
4.141 The Commission received an intimation dated 19.03.2006 from the Joint
Commissioner of Police, Special Cell, Delhi regarding the death of one Ashok alias Bunti
in an encounter with police on 18.03.2006. As per intimation, the police received an
information that Ashok alias Bunti would be coming to Sports Complex, Dilshad Garden
to meet an associate. A trap was laid to nab him. At about 09.45 p.m., a green Maruti car
came towards the Sports Complex from the side of Tahirpur. One person alighted from the
car and stood waiting for someone. He was identified by the informer as Ashok alias Bunti.
The police asked him to surrender, but he started firing and tried to flee. The police party
returned the fire in self defence. In the ensuing encounter Ashok alias Bunti was injured. He
was taken to GTB Hospital and there he was declared dead.
4.142 Pursuant to the Commission’s direction, the Additional Commissioner of Police,
Vigilance, Delhi reported that the case file was missing and new case file had been
reconstructed. The post mortem report was also sent, which reveals ten ante mortem injuries.
The cause of death, according to medical opinion was “shock as a result of haemorrhage
caused by multiple injuries and extensive craniocerebral damage”. Magisterial enquiry
was not held in this case. The re-investigation was conducted by the local police after reconstruction of the case file. It was reported that the incident being seven-and-a-half years
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