Annual Report - National Human Rights Commission

Complaints Before the Commission
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
official, i.e. ASI Rashid Khan and to pay the same to the complainant. ASI Rashid Khan was
also punished by stopping his increment for one year.
4.92 Considering the above reply, the Commission, on 07/07/2003 recommended interim relief
of Rs.1 lakh to the complainant and called for compliance report from the State Government of
M.P. within six weeks. The compliance report has since been received.
c) Human Rights Violations by Security Forces
15. Killing of Two Civilians by a BSF Jawan, District Ganganagar, Rajasthan
Case No. 1060/20/2000-2001-PF & 1061/20/2000-2001-PF
4.93 The Commission took cognizance of two complaints both dated 4-9-2000 of Smt. Laxmi
Devi and Smt. Savitri Devi widows of Shri Om Prakash and Shri Gopi Ram respectively,
who were residents of District Ganganagar, Rajasthan, alleging that their husbands namely
Shri Om Prakash and Shri Gopi Ram were killed by Jamil Iqbal, Constable, BSF
on 15-8-2000.
4.94 In response to the Commission’s notice, a report submitted by the Ministry of Home
Affairs indicated that on the night of 15-16 th August, 2000, Constable Jamail Iqbal of the 38
Battalion BSF, while on duty had killed two civilians namely Shri Om Prakash and Gopi Ram
in front of their “Dhani” by firing three rounds from his personal weapon under the influence of
liquor. The report further stated that the accused Constable Jamil Iqbal was arrested by police on
16 August 2000 and a charge-sheet had been filed on 18-10-20 in the court of Tehsil Gharsana,
District Ganganagar.
4.95 On consideration of the report on 8/10/02 the Commission issued show-cause notice to
the Ministry of Home Affairs, Government of India on the liability of the State to give immediate
interim relief under section 18(3) of the Protection of Human Rights Act. 1993 to the
next of kin of the two innocent persons, who had lost their lives at the hands of the BSF
Constable.
4.96 In response to the show cause notice, the Ministry of Home Affairs, disputed the liability
of the State to give immediate interim relief u/s 18(3) of the Protection of Human Rights Act.
1993. The Commission, while considering the reply, asked the Ministry of Home Affairs to
depute representatives from the Ministry and BSF for discussion.
4.97 Pursuant to the directions of the Commission, the Inspector General, BSF and Director
(HR), MHA appeared before the Commission. They submitted that, in view of Section 19 of the
Protection of Human Rights Action 1993, the Commission could not make any recommendation
in terms of Section18(3) of the Act.
National Human Rights Commission Annual Report - 2004-2005
41
AR-Chapter-1-19-10-6-06.p65
61
7/17/06, 6:29 PM