Thursday, February 07, 2013

the Chief Secretary, Government of Uttar Pradesh, is asked to direct his officers to forward to the Commission all available information in the first instance in future

Case Details of File Number: 40809/24/19/2011
Diary Number145153
Name of the ComplainantDR. LENIN, GENERAL SECRETARY
AddressMANAVADHIKAR JAN NIGRANI SAMITI, S.A. 4/2A, DAULATPUR,
VARANASI , UTTAR PRADESH
Name of the VictimANANT LAL GUPTA S/O ASHWINI KUMAR
AddressVILLAGE. SIRANTHU,
KAUSHAMBI , UTTAR PRADESH
Place of IncidentNAUBATPUR
CHANDAULI , UTTAR PRADESH
Date of Incident9/26/2011
Direction issued by the CommissionThese proceedings are in continuation of the earlier proceedings of the Commission on the death of truck driver the late Shri Anant Kumar Gupta, who was allegedly beaten to death by four Constables and an RTO employee after he refused to pay the demanded bribe of Rs.5,000/-. Initially FIR No. Nil/11 U/S 304 IPC and Section 13 (1) D of the Prevention of Corruption Act was registered on the incident at Police Station Sayyed Raja. However, the place of occurrence being in the jurisdiction of Police Station Alinagar, the case was transferred there and FIR No. 318/11 was registered. A chargesheet has already been filed against all the accused persons except two accused, who were absconding. Considering these facts, the Commission, through its proceedings dat 16.04.2012, ordered issuance of a notice U/S 18 (a) (i) of the Protection of Human Rights Act, 1993, to the Government of Uttar Pradesh. The show cause notice has been responded to by the Principal Secretary to the Government of Uttar Pradesh, Transport Department, vide his letter dated 30.07.2012. He says that a compensation of Rs.50,000/- has already been paid to the next of kin of the deceased in compliance of an order dated 27.09.2011 passed by the Uttar Pradesh State Human Rights Commission. This Commission took cognizance in the matter on 29.09.2011 on the basis of a news report carried by the English daily `Hindustan Times' of 27.09.2011. The State Government never informed the Commission earlier that the State Human Rights Commission had also taken cognizance in the matter prior to this Commission. Had the Commission been informed of this fact earlier, it would not have continued with this case. This lapse on the part of the officials of the State has resulted into wastage of a lot of time. Hence, the Chief Secretary, Government of Uttar Pradesh, is asked to direct his officers to forward to the Commission all available information in the first instance in future. As the State Commission has already ordered compensation and the same has been paid to the next to kin of the deceased, this Commission need not pursue the matter any further and the case is closed. The criminal case filed shall be pursued in accordance with law. A copy of these proceedings be sent to the Chief Secretary, Government of Uttar Pradesh, for information and necessary action. LINK CASE NO. : 40567/24/19/2011 43275/24/19/2011 46220/24/19/2011
Action TakenConcluded and No Further Action Required (Dated 12/17/2012 )
Status on 2/7/2013The Case is Closed.

Note: For further details kindly contact National Human Rights Commission, Copernicus Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail: covdnhrc@hub.nic.in

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