Setting aside the contention of the UP Government upholding the genuineness of an encounter on the basis of a magisterial enquiry report and investigation by the CBCID, the NHRC has recommended that it pay Rs 5 lakh as monetary relief to the next of kin of Rakesh @ Chache.
"Rakesh @ Chache may have been a hardened criminal but the police did not have a license to kill him in an extra-judicial manner," observed the Commission on the basis of the material on record.
The Chief Secretary of the State Government has been given eight weeks time to submit the compliance report along with proof of payment, the NRHC said in a press statement issued today.
The Commission took the cognizance of the incident on the basis of a telegraphic complaint from Viresh, Rakesh's brother.
Subsequently, another complaint was received from Rakesh's mother in which she alleged that her son was picked up by the police from the house of his relative on February 10, 2009 in the presence of her daughter.
She had gone to police station Sasani Gate, Aligarh along with four persons and saw Rakesh in the lock-up.
However, during the course of enquiry, the police claimed that on the February 11, special Operation Group (SOG) in-charge received information that two criminals were standing with a motorcycle in front of the Mazar Gate of Civil Court.
On seeing the police approach them, they sped towards Jamalpur on their motorcycle.
The pillion rider fired at the chasing police party and the bullet hit the police jeep. The police retaliated the fire in self-defence which injured one of them, who was identified as Rakesh.
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