Honorable Commission order. We filed the case in same matter in NHRC 422/36/7/2015-AD

Case Details of File Number: 324/36/7/2015-AD

Diary No: 61329

Name of the Complainant: SUO-MOTU " THE HINDU DATED 07.04.2015"

Complainant Address: CAPTIONED " FIVE UNDER TRIAL MILLITANTS SHOD DEAD IN NALGONDA"

Name of the Victim: VIQAR AHMED, SYED AMJAD, ZAKIR AND OTHERS

Place of Incident: ALER

Date of Incident: 07/04/2015

Action Taken: In the instant case the Commission vide its proceedings dated 28.06.18 inter alia observed and directed as under :- “………..Commission has considered the reply to the show cause notice and rejects the same. The reasons for issuing a show cause notice were elaborated in our proceedings dated 13.12.2017. The reasons for which the State Government has objected to the payment of monetary compensation to the NoK of the five deceased persons had already been considered by the Commission vide aforesaid proceedings dated 13.12.2017and we find that no satisfactory explanation has been offered for the issues on which the show cause notice was based. The Commission does not consider it appropriate to wait for the SIT to complete its investigation or the High Court to decide the writ petition pending before it. Hence, we recommend to the Chief Secretary, Govt. of Telangana to pay a sum of Rs.Five Lakhs as monetary compensation to each of the five deceased persons namely Izhar Khan, Syed Amjad Ali Mohd Haneef, Mohd Zakeer and Vikaruddin Ahmed and submit the compliance report along with proof of payment within six weeks.” In response to the directions of the Commission, the Chief Secretary to the Govt. of Telangana, General Admn., SP(L&O) Department vide communication dated 04.08.18 has informed that under trial prisoners were involved in the terrorist activities. It has been further informed that as per the available evidence, the escort police persons have opened the fire while on escort duty, to protect their lives and to prevent the escape of hardcore terrorist from lawful custody. Any relief/monetary compensation to the next of kin of such hardcore terrorists not only sets an undesirable precedent but also would encourage such minded persons, as the five under trial prisoners were transported to Central Prison in pursuance of the directions of the Hon’ble Session Judge and as such there was no foul play on the part of escort police. A request has been made re-consider the decision and to drop the recommendations for payment of monetary compensation of Rs. Five Lakhs to the NoK of the five under trial militants shot dead in Nalgonda. The Commission has considered the material placed on record and is of the view that the above explanation offered is not acceptable. The Commission, therefore rejects the request of the State Govt. for re-consideration of the recommendation for the reasons mentioned in the proceedings dated 13.12.17 and reiterates its earlier recommendation to the Govt. of Telangana to pay a sum of Rs. Five Lakhs as monetary compensation to NoK of each of five deceased persons namely Izhar Khan, Syed Amjad Ali Mohd. Haneef, Mohd. Zakeer and Vikaruddin Ahmed. The Chief Secretary, Govt. of Telangana to submit compliance report along with proof of payment within four weeks. Put up after four weeks.

Status : Action Taken On 12/09/2018

Action Due Date: 08/11/2018