ACHR Impact

NHRC directs Maharashtra to pay Rs 2 Lakhs each to kin of three persons killed by police

On 4 April 2019, the National Human Rights Commission recommended to the State Government of Maharashtra to pay Rs 2,00,000 (Two Lakhs) each as compensation to the next of kin of the three deceased persons, namely Gopal Shinde, Anmol Jadhav and Prashant Pawar who were killed in unprovoked firing by Sanjay Baliram Shinde, Assistant Sub-Inspector of the State Reserve Police Force in Daund town in Pune district, Maharashtra, on 16 January 2018. The Commission has asked the Chief Secretary, Government of Maharashtra, to send compliance report along with proof of payment within six weeks.

The recommendation for payment of compensation came after the authorities admitted that the accused, ASI Sanjay Baliram Shinde had killed the three persons in cold blood.

The NHRC acted following filing of a complaint by the Asian Centre for Human Rights on 16 January 2018 (NHRC Case No. 208/13/23/2018). The ACHR demanded suspension of the accused and further take appropriate legal action against him and payment of compensation to the next of the kin of the three deceased persons. Another complaint was also filed by Shri R. H. Bansal, a human rights activist (NHRC Case No. 387/13/23/2018) and both the complaints were later clubbed together into a single case.

Pursuant to the directions of the Commission, the Superintendent of Police, Pune Rural, Pune submitted a report dated 16.08.2018 stating that the accused ASI Sanjay Baliram Shinde was arrested and a case was registered against him vide Cr. No. 51/2018 dt 16.01.2018 at Daund police station u/s 3/25/27 Arms Act, 1959 and chargesheet No. 49/2018 was submitted at the Sessions Court, Baramati and the accused was in jail. It was further stated that the accused had been suspended vide office order BADTARF/ASI/Shinde/2018/295/samadeshak dated 29.01.2018.

Another report dated 20th April 2018 was filed by Additional Director General of Police, State Reserve Police Force, M.S. Mumbai, wherein he has stated that departmental action had been taken against the accused ASI and he had been dismissed from service.

“This act of the Assistant Sub-Inspector Sanjay Baliram Shinde, certainly amounts to violation of the human rights of the deceased persons, namely, Anmol Jadhav, Gopal Shinde and Prashant Pawar, as a Government servant with the help of firearm taken from the Armoury, committed the heinous crime. The Government of Maharashtra is, therefore, vicariously liable for violation of human rights of the deceased persons and to pay a compensation to the next of kin of the three deceased persons,” the NHRC has stated. The Commission vide proceedings of 31 May 2018, directed to issue a notice under Section 18(a)(i) of the Protection of Human Rights Act, 1993, to the Government of Maharashtra, through its Chief Secretary, requiring it to show cause, within six weeks, as to why the Commission should not recommend payment of Rs. 200000/- each as compensation to the next-of-kin of the of the three deceased persons, namely, Anmol Jadhav, Gopal Shinde and Prashant Pawar, who were killed by an Assistant Sub-Inspector of the State Reserve Police Force. In response, the Government expressed readiness to award compensation.

Accordingly, the Commission has recommended to the Government of Maharashtra to pay Rs. 2,00,000/- (Rupees Two Lakh) each as compensation to the next of kin of the three deceased persons viz., Anmol Jadhav, Gopal Shinde and Prashant Pawar and submit proof of payment.

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