Annual Report 2010-2011
4.153 While considering the matter on 19 August 2010, the Commission observed that it can
be reasonably presumed that the State does not want to oppose the grant of monetary relief
to the victim. Even otherwise, the report submitted by the Deputy Commissioner of Police,
Vigilance, has candidly admitted that the human rights of Ritesh were violated. Considering all
the circumstances of the case, the Commission recommended to the Government of N.C.T. of
Delhi to pay a sum of. ` 5,00,000 as monetary relief to the next of kin of the deceased Ritesh.
4.154 Vide its proceeding dated 24 February 2011, the Commission considered the stand taken
by the Government of N.C.T. of Delhi for deferring the payment of monetary relief on account
of pending trial of the Constable before a court of law. The Government of N.C.T. of Delhi had
further taken recourse to the statement made by Mukesh Kumar, the brother of the deceased
that some boys had fired at the Constable after an altercation and since the Constable ducked
the bullet accidentally hit Ritesh. The Commission observed that it made recommendations on
rigorous standard of proof and not on probability. In the light of the facts emerging from police
investigation, the Commission reiterated its recommendations.
4.155 As recommended by the Commission, a sum of. 5,00,000 was paid to the wife of the
deceased Ritesh as monetary relief. On receipt of the compliance report and proof of payment,
the case was closed by the Commission.
32.
Death of Mahender Pratap Singh in Police Firing in Aurangabad District, Bihar
(Case No. 3737/4/2005-2006)
4.156 The Commission took cognizance of a complaint received on 30 December 2005 from Raj
Kishore Singh. It was alleged in the complaint that on 18 October 2005, the complainant’s father
died in police firing. A group of persons attacked Polling Booth No. 96 in Obra Constituency of
Bihar and tried to tamper with the Electronic Voting Machine. Raj Kishore Singh’s father was
returning to his house and was an innocent victim, who died of bullets fired by the police.
4.157 The Commission in its proceedings observed that though the police in their reply had
expressed some suspicion that the father of the complainant was involved in the crime but
there is no evidence to show that he was involved in the crime allegedly committed by a group
of persons. The Government of Bihar further informed that it had ordered to pay a sum of
1,00,000 as interim relief to the next of kin of the deceased.
4.158 The Commission held that the negligence on the part of the police had caused the
death of an innocent person. Hence, the amount of. ` 1,00,000 as interim relief was grossly
inadequate. Consequently, the Commission recommended to the Government of Bihar to pay
a sum of ` 3,00,000 as monetary relief to the next of kin of the deceased after making necessary
adjustment of the amount sanctioned earlier.
4.159 On receipt of the compliance report from the Government of Bihar, the case was closed
by the Commission.
48
NHRC