NHRC asks Delhi Police to pay Rs 10 lakhs to family of fake encounter victim
Setting aside the plea of the Delhi Police that the case being sub-judice no monetary relief should be awarded, the National Human Rights Commission recommended that the Delhi Government pay Rs. 5 lakhs each to the next of kin of Mandeep Singh and Vicky alias Vivek killed in a fake encounter by the city police, says a NHRC release dated March 22nd, 2010.
The Commission in its order on the 12th March, 2010 under the case no. 1974/7/2002-2003-AD observed, 'We find no merit in the plea. Proceeding of the Commission are independent of any other proceedings which may be pending at any other forum. Moreover, the issue to be decided in the criminal trial may not necessarily be the same as that before the Commission. While the question before us is whether Mandeep Singh and Vicky @ Vivek were deprived of life otherwise than in accordance with the procedure established by law, the criminal trial will determine the culpable liability of the accused. The recommendation for monetary relief need not wait till the conclusion of criminal trial.' The Commission has also asked for a compliance report with proof of payment within eight weeks from the date of receipt of its recommendations.
The encounter happened on the outskirts of village Jharodakalan in the National Capital on the 16th October, 2002 and the Commission took up the case on a complaint dated 2nd December, 2002 filed by Mr. Dayanand father of Mandeep Singh.
He alleged that eight police officials of Delhi Police in plain cloths came in their private Maruti cars and arrested his son Mandeep and three other persons namely, Vicky, Sandeep Malik and Krishan Gulia, from Hanuman Properties, Vivekanand Vihar, Bahadurgarh and forcibly took them away with an intention to kill them. And true to his apprehension, he alleged that his son Mandeep and Vicky were murdered by those police officials near ganda naala of village, Jharodakalan, Najafgarh.
In response to Commission's notice in the case, the report of Deputy Commissioner of Police, Vigilance, Delhi Police dated 1st September, 2003 said that both Mandeep and Vicky were criminals, and they were killed in cross firing which started when instead of surrendering to the police party they started firing at them. Krishan Gulia and Sandeep Malik were over powered by the police party.
He also said that as per the directions of the High Court, the case was being investigated by the Central Bureau of Investigation. Subsequently, the DIG, CBI in his investigation report dated 28th September, 2005 intimated to the Commission that the claim of the Delhi Police raiding party was found to be false. It said that both Mandeep and Vicky were killed in a fake encounter. The report also proposed prosecution of the accused police officers under Section 120-B read with Section 364, 302 of IPC and substantive offices thereof.
On the basis of this report, the Commission observed that prima facie it was a case of violation of victims' human rights and issued notice to the Government of NCT of Delhi to show cause why monetary relief should not be given to the next of kin of Mandeep and Vicky. Not convinced by the reply, the Commission recommended payment of monetary relief.