The complainant, the General Secretary of ManavAdhikarJan NigraniSamiti in his complaint dated 01.10.2011 has alleged that one Fatima R/o Village Konderki, District Moradabad, Uttar Pradesh had been raped by a history sheeter Liyakat with his 5-6 associates for eight months. They killed her one and half year old daughter, she somehow fled to her house and found that one Shafiq Khan from whom she had purchased a piece of land had taken possession of the land, asked her to have physical relation with him if she wanted her house back. No action taken by police despite complaint. The matter rest when Commission was informed that a case crime No. 467/2011 u/s 147/302/201/344/376 IPC PS GarhMukteshwar, Ghaziabad was registered against the accused and charge sheet was filed. The Commission found that the victim escaped from the custody of accused and reported the matter to the police, however, no action was taken for which State is vicariously liable and issued show cause notice u/s 18 of PHRA to the Chief Secretary, Govt. of Uttar Pradesh as why not a compensation of Rs. 1,00,000/- be paid to the victim as state is vicariously liable for the act of its employee. Vide proceedings dated 16.07.2020, Finance Controller vide communication dated 02.02.2018 addressed to the Sr. Superintendent of Police, Moradabad that Rs. 1,00,000/- has been sanctioned and payment be made to victim Fatima W/o Abbas, R/o Kunderki, Moradabad and proof of compliance be submitted to the Commission within 10 days. However the Commission has not received compliance report along with proof of payment despite various reminders. Hence final reminder was sent to the Chief Secretary, Govt. of Uttar Pradesh to submit the compliance report along with the proof of payment of payment within four weeks falling which the Commission shall be constrained to invoke section 13 of the Protection of Human Rights Act. However no compliance reports have been received from the concerned authorities till date. The Commission has considered the material placed on record. The matter is already 9 years old and the Commission cannot run before the authorities for years to ensure the payment of the same to the victim. Its State Govt. duty to abide the directions of the Commission and to compensate the victim whose human rights have been violated by the employees of State Govt. and submit the compliance report to the Commission. Therefore Commission closed this matter with directions to Chief Secretary Govt. of UP to make payment of compensation of Rs. 1 lakhs to the victim Fatima and submits the compliance report to the Commission within four weeks
