Sunday, July 09, 2017

A step against police official in case of dalit woman

Case Details of File Number: 10920/24/72/2015
Diary Number
49552
Name of the Complainant
DR.LENIN RAGHUVANSHI
Address
MANAVADHIKAR JAN NIGRANI SAMITI, 4/2-A, DAULAT PUR
VARANASI , UTTAR PRADESH
Name of the Victim
SAVITRI AND OTHERS
Address
R/O VILL- VISHWANATH PUR, TEH- PINDAR, PS.PHOOL PUR
VARANASI , UTTAR PRADESH
Place of Incident
VARANASI
VARANASI , UTTAR PRADESH
Date of Incident
3/18/2015
Direction issued by the Commission
These proceedings shall be read in continuation with earlier proceedings of the Commission. The matter rests thus. The complainant, from an NGO, had alleged that four named accused persons had caused fire to the house of victim woman on 18/03/2015 and her household items got destroyed in the fire. Police did not come to the spot despite the telephone calls made to PCR. On 19/03/2015 the accused persons had abused the victim woman & her daughter and started beating them. When they went to the police station to inform the incident, the accused persons were present outside the police station and started beating them. The victim and her family are living under the fear. Superintendent of Police, Crimes, Nodal Officer, Varanasi in his report dated 01/06/2016 has stated that the complainant had lodged Case Crime No. 251/2015 dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST POA Act, PS: Badagaon against four accused persons. During investigation Section 436 IPC was omitted from the case and the Charge Sheet dated 13/08/2015 was filed against four accused persons. There was an inordinate delay of about four months in a registration of the criminal case in the alleged incident dated 18-19/03/2015. Prima facie allegations of the complainant that police have not taken any action in the matter appear to have sound merits. The Commission had issued Notice dated 13/04/2015 to Senior Superintendent of Police, Varanasi and it was after three months of that Notice, the police had set law into motion. The police report is silent as to reasons for inaction of four months from date of incident. The report is also silent whether or not any financial assistance was provided to the victims under the provisions of SC/ST POA Act. Consequently, the report does not inspire confidence of the commission. The allegations of police inaction are required to be enquired in an impartial manner by the State Authorities. Apparently, the Human Rights of the victims have been violated by the State Police for not setting the law into motion and by delaying the process of law. Although the injuries caused to the victim on reasons of police inaction cannot be undo, but an interim relief of monetary compensation would be a solace to injured sentiments. Notice be issued to Chief Secretary, Govt. of Uttar Pradesh to Show Cause why interim relief of monetary compensation of Rs.25,000/- (Rupees Twenty Five Thousand) shall not be granted to the victim as per Section 18 of the Protection of Human Rights Act, 1993. Response within four weeks, without fail. Director General of Police, Uttar Pradesh is directed to get a fresh enquiry conducted against the allegations of police inaction for about four months in this matter, from a Gazetted Police Officer of any District other than District Varanasi. Appropriate action be taken against delinquent police officers including penal prosecution under Section 166/166A IPC & Sec.4 SC/ST POA Act, in accordance with laws. An Action Taken Report be submitted within four weeks, without fail. District Magistrate, Varanasi is directed to submit his report indicating payment of monetary relief/ other benefits to victims under Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act or under State Victim Compensation Scheme in connection with Case Crime No. 251/2015 dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST POA Act, PS: Badagaon. Response within four weeks. A copy of these proceedings be also transmitted to the complainant and to the victim for their information.
Action Taken
Additional Information Called for (Dated 2/21/2017 )
Status on 7/9/2017
Response from concerned authority is awaited

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