Sunday, July 09, 2017

Compensation and CID investigation in case of police firing at Jharkhand

Case Details of File Number: 355/34/22/2012
Diary Number
21599
Name of the Complainant
SHIRIN SHABANA KHAN, MEMBER-SENIOR MANAGEMENT
Address
MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
VARANASI , UTTAR PRADESH
Name of the Victim
LUCAZ MINZ
Address
PALAMAU DIVISION'S BARWADIH BLOCK,
LATEHAR , JHARKHAND
Place of Incident
LATEHAR
LATEHAR , JHARKHAND
Date of Incident
Not Mentioned
Direction issued by the Commission
The matter rested thus when the Commission vide its proceedings dated 28.05.2015 had inter-alia observed and directed as under: - "The fact remains that the deceased was killed in police firing without any provocation. It is a killing in fake encounter. Hence the Chief Secretary, Govt. of Jharkhand is directed to 'Show Cause' u/s 18 a (i) of the Protection of Human Rights Act, 1993 as to why monetary compensation of Rs. 5 Lakhs should not be recommended to be paid to the next of kin of the deceased within 8 weeks" The response to the 'Show Cause Notice' is still awaited. The Supdt. of Police, CID, Jharkhand vide his communication dated 10.08.2015 had however stated that the Case FIR No.14/2012, PS Barbadih, Latehar is still pending investigation. The Commission further considered the matter on 23.05.2016, when it observed and directed as under: - "Let a final reminder be sent to the Chief Secretary, Govt. of Jharkhand calling upon him to submit reply to the 'Show Cause Notice' within four weeks, failing which it shall be presumed that the State Govt. has nothing to say and the matter will be decided on merits. The DGP, Jharkhand is also called upon to submit status/outcome of the case being investigated by the State CID within this period." In response, Supdt. of Police, CID, Jharkhand vide his communication dated 27.07.2016 has submitted that the case is still pending investigation and necessary instruction have been given to the investigating officer to conclude the investigation. The Commission has considered the matter. The State Governmnet has not submitted reply to the 'Show Cause Notice'. It thus appears that the State Government has nothing to say in the matter. The deceased Lucas Minz (35 Yrs), a hearing and speech impaired person, as observed earlier has died in police firing without any provocation. In these circumstances an amount of Rs. 5,00,000/- (Rupees Five Lakh Only) as interim relief is recommended to be paid to the next of kin of the deceased. The Chief Secretary, Government of Jharkhand is asked to submit the proof of payment within four weeks. The DGP, Jharkhand is also called upon to submit status/outcome of the case being investigated by the State CID within this period.
Action Taken
Additional Information Called for (Dated 1/29/2017 )
Status on 2/21/2017
Response from concerned authority is awaited.

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