Annual Report - National Human Rights Commission

Complaints Before the Commission
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
4.102 In response to the Commission’s directions dated 1.5.2003, transmitting the complaint
to the Secretary, Railway Board, Ministry of Railways for taking appropriate action and
submitting Action Taken Report; a report received from SP, GRP, Secunderabad stated that on
6.1.2003 one boy aged 12 years, an unauthorized hawker wanted to board train at Cherlapalli
Railway Station. He was picked up by RPF personnel who after extorting money released
him from the outpost. The boy tried to board the train, which was in motion, slipped and fell
under the running train. As a result, his left hand and right leg were chopped off. The Station
Manager lodged a report at the GRP Police Post and a case crime No. 7/03 was registered.
The boy was taken to the hospital where he died on 7.1.2003. The report also indicated
that the postmortem revealed that death was due to injuries and “Cardio respiratory arrest due
to polytrauma”.
4.103 The Commission also considered the report received from the Chief Security
Commissioner, South Central, Railways which indicated that the Court of Inquiry had found
that head constable Mohd. Usman Ghani and constable P. Sudhakar Rao of RPF, after
apprehending the boy, failed to take adequate precaution to secure the unauthorized hawker, as
a result he ran and tried to get into the running train and fell. A case crime No. 7/03 u/s 304 A
IPC had been registered against the constable by the police. Both the errant officials have been
placed under suspension pending inquiry.
4.104 In view of the prima facie violation of human rights of the boy made out, the Commission
directed the Secretary, Ministry of Railways to show cause as to why the next of kin of the
deceased be not granted immediate interim relief u/s 18(3) of the Protection of Human Rights
Act 1993.
4.105 Pursuant to the Commission’s directions, the Chief Security Commissioner, RPF, South
Central Railways, Secunderabad stated that a case u/s 304A IPC read with section 175 Railway
Act 1989 was registered against the erring constables and after investigation, the chargesheet
had been submitted in the court and the case was pending trial. A departmental inquiry which
had been initiated against both the constables was completed but decision had been kept in
abeyance, pending the criminal case.
4.106 On consideration of the aforesaid response, the Commission vide its proceedings dated
15.12.2004 held that the boy had died due to negligence of the RPF staff. The Commission can
invoke the benevolent provisions irrespective of civil or criminal litigation or a departmental
inquiry. The immediate interim relief is to be correlated to the loss / injury which the victim had
suffered due to violation of his human rights by the public servants. The pendency or the outcome
of the departmental inquiry or the criminal proceedings is not a bar to the grant of immediate
interim relief. The Commission, therefore directed the Railway Board, Government of India to
pay a sum of Rs. 50,000/- as immediate interim relief to the next of kin of the deceased. The
Compliance report is awaited.
National Human Rights Commission Annual Report - 2004-2005
43
AR-Chapter-1-19-10-6-06.p65
63
7/17/06, 6:29 PM