New Delhi: The Uttar Pradesh government has
paid Rs five lakh as monetary relief to the family of a man
after the NHRC held that he was killed by police in a fake
encounter which amounts to illegal "execution".
The National Human Rights Commission (NHRC) had
recommended to UP Chief Secretary the payment of the monetary
relief after considering the case of deceased Yakub, who had a
long criminal record and was shot dead by police in Khurja in
Bulandshahr on January 14, 2007.
The rights panel recently got a compliance report from
the state that the father of the man, a resident of Paani ki
Tanki village in Gautambudh Nagar, has been paid a sum of Rs
five lakh, official sources said.
The incident took place when Yakub and one of his
associates were fleeing on a motorcycle allegedly looted from
a man along with his gold chain and Rs 7,000 in cash.
According to police, a team of police personnel chased them
and asked them to surrender but they started firing, forcing
the police to return fire, killing Yakub.
A magisterial inquiry had accepted the police version,
but the NHRC, while noting that Yakub was indeed one of the
two persons who was involved in the robbery, raised questions
over the encounter, the sources said.
The commission had pointed out that the police did not
claim that the firing took place at close range.
"However, the postmortem report shows that all five entry
wounds on the body of the deceased had signs not only of
blackening but also of tattooing which takes place when a shot
is fired from within a range of three feet.
"It is clear from the forensic evidence that instead of
this being a genuine encounter, the police fired five shots
into the body of late Yakub from extremely close range. This
was therefore not an encounter but an execution by police,
which is illegal and the most grievous violation of human
rights," it had said.
The government of UP had argued that there was no
justification for grant of relief as the magisterial probe has
not found any policeman guilty, but the rights body dismissed
that saying, "magisterial inquiries assist the commission in
its examination of cases, but do not bind it."
"When the inquiry is thorough and the conclusions flow
logically from an analysis of the evidence...the commission
accepts its recommendations. When the commission finds lacunae
that fundamentally calls an inquiry`s findings into question,
it records in details its reasons for disagreeing with them,"