The Hon’ble National Human Rights Commission in case number (10920/24/72/2015) Directed to Superintendent of Chanduali to submit report within six weeks regarding action taken against the Inspector In-charge, Badagaon Md. Isa Khan. He was careless and indifferent towards his duty and he did not act according to law.
On 18th March, 2015 night few influenced people Shri Jai Prakash Patel (village head along with other people) with the intention of grabbing the land had caused fire to Savitri Musahar house and her household items got destroyed in the fire. When Savitri and her daughter Lakshmina ran to blow out the fire they were beaten by these people. She several times ranged to police helpline number but no action was taken in this regards. Police did not come to the spot despite the telephone calls made to PCR.
On 19/03/2015 the accused persons had abused the Savitri & 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.
Due to the fear and phobia Savitri along with her daughter left the house (Viswanathpur, Tehsil – Pindra under jurisdiction of Badagaon of Varanasi district) and took short shelter in Peoples’ Vigilance Committee on Human Rights (PVCHR) and get proper treatment in Government hospital. On 19th March, 2015 Savitri along with her daughter came to Jan Mitra Nyas for doing intervention in this matter. PVCHR provided clothes and other essential items to them.
On 21st March, 2013 she produced before for Inspector General of Police, Varanasi zone and officer deputed Senior Superintendent of Police for the investigation in this matter.
PVCHR intervened and wrote to concerned authorities such as Senior Superintendent of Police, District Magistrate, Chairperson, National Commission for Women, National Human Rights Commission and Chief Minister, Government of Uttar Pradesh on 1st April, 2015
On 14th July, 2015 FIR (Case Crime No. 251/2015 dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST POA Act) lodged against against four accused persons at Badagaon police station. 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 registration of the criminal case for the alleged incident dated 18-19/03/2015.
The Hon’ble Commission in its order wrote “
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. On consideration of above report and material available on record the Commission vide proceeding dated 21st February, 2017 the Commission directed as under:-
“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. 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.” In response to the directions of the Commission, the District Magistrate Varanasi vide communication dated 24.3.2017 has submitted report stating Laxmina Devi, complainant has been paid compensation of Rs.22,500/- under SC/ST Act through e-payment. Copy of proof of payment has been enclosed. The Superintendent of Police (HR) Uttar Pradesh vide communication dated 25.5.2017 enlosed copy of letter dated 12.5.2017 of the DIG, Varanasi, letter dated 10th May, 2017 of the Superintendent of Police Chandauli along with enquiry report dated 4.5.2017 of the Addl. SP (Crime), Chandauli which reveals payment of Rs.22,500/- to complainant towards compensation under SC/ST Act. The report further reveals that the then Inspector In-Charge Badagaon Md. Isa Khan was careless and indifferent towards his duty and he did not act according to law. The enquiry officer has stated about taking departmental action against him. A copy of letter dated 21 June, 2017 of the Under Secretary, UP Administration addressed to the Addl. Director General of Police (HR) UP Lucknow has been received regarding submission of report of taking action against delinquent police officials and payment of Rs.25,000/- to the victim. However no report has been received till now. The Commission has considered the matter. Issue a final reminder to the Chief Secretary, UP Lucknow to submit reply of show cause, if any, within six weeks. The Superintendent of Police, Chandauli is directed to submit report within six weeks regarding action taken against the then Inspector In-charge, Badagaon Md. Isa Khan.