UP police pays Rs 5 lakh to kin of 'fake encounter' victim

The Deputy Commissioner of Police, Lucknow, on Saturday submitted payment proof of Rs 5 lakh to the family members of an IT engineer, before the National Human Rights Commission (NHRC) despite the earlier resistance for not paying the amount by the Uttar Pradesh Government, as the case is pending for trial before a criminal court in Lucknow.

While disposing of a case filed by a Supreme Court lawyer and human rights activist Radhakanta Tripathy, the apex human rights watchdog returned the video cassette/CD of autopsy to the concerned authority.

Tripathy alleged that on September 29, 2018, Vivek Tiwari, who was working as sales manager at a multinational IT company in Lucknow was allegedly gunned down by an errant police official "under the garb of a criminal encounter".

The victim was innocent and had no criminal background, Tripathy said and sought an independent and impartial investigation of the case and heavy compensation to the family members of the deceased.

The NHRC had called the report from the DGP of Uttar Pradesh. The SSP Lucknow, in his intimation to the NHRC, stated that two Constables Prashant Kumar and Sandeep Kumar had shot the victim, Vivek Tiwari from the pistol and a case has been registered. Both the accused police officials were arrested and suspended from the service.

According to Tripathi, Senior Superintendent District Jail, Lucknow, has also endorsed the copy of the letter to the Commission, wherein the accused constable, Prashant Kumar had stated that he had fired on the alleged victim as he had tried to kill him and one another person, by hitting their motorcycle with his car and in defence only the gunshot was fired.

Hence the accused persons requested for registration of FIR against the alleged deceased victim and his friend for the same.

The NHRC expressed serious displeasure against the "lackadaisical attitude" of the Uttar Pradesh government and issued a show-cause notice to the state Chief Secretary to file a reply within four weeks as to why the commission should not recommend an interim compensation of Rs 5 lakh, to be paid to the next of kin of the deceased as his human rights have been violated by the delinquent police officials and state is vicariously liable for it.

In response to the reminder, Under Secretary to Uttar Pradesh government stated that it is not justified to grant interim compensation of Rs 5 lakh to the next of the kin of Vivek Tiwari, as the matter is pending in the court of Additional District and Sessions Judge, Lucknow.

The NHRC was of the view that pendency of the trial before the court of Additional District and Sessions Judge, Lucknow has nothing to do with the recommendation of the Commission. Therefore the NHRC recommended to the state Chief Secretary to pay an amount of Rs 5 lakh as compensation to the next of kin of the deceased.

( With inputs from ANI )