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NHRC issues notice to MoD for compensating victim of Army’s “indiscriminate” firing

The NHRC accessed the report of the inquiry magistrate who held that an innocent villager was killed due to firing by special forces in Changlang, Arunachal Pradesh

Sabrangindia 27 Feb 2021

NHRC

The National Human Rights Commission (NHRC) has issued a notice to the Defence Ministry to show cause why Rs. 5 Lakh should not be recommended to be paid as relief to the family of an innocent citizen who died in indiscriminate firing by Indian Army’s Para Special Forces (PSF) during an operation against Naxalites in Changlang, Arunachal Pradesh.

The Judicial Enquiry Magistrate has held that the PSF personnel are responsible for the death of Thingtu Ngemu. The Commission said that if the Defence Ministry pays the relief amount to the victim’s family on the basis of its show cause notice in such cases, it will send positive signals amongst the locals and the credibility of the Armed Forces shall also improve.

The NHRC had received intimation from Changlang SP regarding Thingtu’s death in firing by the security forces and accordingly, a case was registered in June 2017. The Commission through its Investigation Division found that the Judicial Magistrate, First Class, Distt. Changlang, had conducted the enquiry in the matter. The Magistrate’s report suggested that PSF personnel neither cooperated nor submitted any statements regarding the operation despite official letters & request of the Enquiry Magistrate.

The NHRC found that the judicial enquiry officer considered evidence and concluded that the PSF of Jorhat had laid ambush without any knowledge of local police or villagers which was deemed dangerous. Further the judicial inquiry also found that an innocent villager Tuwang Ngemu was detained till late night without any reason while he was returning from his own garden. The NHRC held that he should have been allowed to go home after ascertaining his identity. The villagers thus set out searching for him in the night while the PSF still held him.

The NHRC held that the PSF should have identified innocent empty handed villagers and should have also heard the shouts of the villagers, who were searching for the detained man. The PSF resorted to blind firing which led to the death of Thingtu Ngemu due to “mistaken identity”. Further, the PSF continued their firing until next morning without any retaliation or any cross-firing. The NHRC held this to be a blunder and unjustified irresponsible action.

The enquiry magistrate concluded that PSF was responsible for his death as the deceased was innocent having no connection with any outfit and is survived by ailing parents and a wife and 2 children who depended on him for livelihood.

The NHRC has thus issued notice to the Ministry of Defence in this regard to show cause why the compensation should not be paid, to respond within 4 weeks.

Related:

State liable for the action of police officials in custodial torture: NHRC 

Delhi HC slams Tihar Jail authorities for alleged murder of undertrial

NHRC directs Centre to pay compensation to Tribal rights activist for offloading him

NHRC issues notice to MoD for compensating victim of Army’s “indiscriminate” firing

The NHRC accessed the report of the inquiry magistrate who held that an innocent villager was killed due to firing by special forces in Changlang, Arunachal Pradesh

NHRC

The National Human Rights Commission (NHRC) has issued a notice to the Defence Ministry to show cause why Rs. 5 Lakh should not be recommended to be paid as relief to the family of an innocent citizen who died in indiscriminate firing by Indian Army’s Para Special Forces (PSF) during an operation against Naxalites in Changlang, Arunachal Pradesh.

The Judicial Enquiry Magistrate has held that the PSF personnel are responsible for the death of Thingtu Ngemu. The Commission said that if the Defence Ministry pays the relief amount to the victim’s family on the basis of its show cause notice in such cases, it will send positive signals amongst the locals and the credibility of the Armed Forces shall also improve.

The NHRC had received intimation from Changlang SP regarding Thingtu’s death in firing by the security forces and accordingly, a case was registered in June 2017. The Commission through its Investigation Division found that the Judicial Magistrate, First Class, Distt. Changlang, had conducted the enquiry in the matter. The Magistrate’s report suggested that PSF personnel neither cooperated nor submitted any statements regarding the operation despite official letters & request of the Enquiry Magistrate.

The NHRC found that the judicial enquiry officer considered evidence and concluded that the PSF of Jorhat had laid ambush without any knowledge of local police or villagers which was deemed dangerous. Further the judicial inquiry also found that an innocent villager Tuwang Ngemu was detained till late night without any reason while he was returning from his own garden. The NHRC held that he should have been allowed to go home after ascertaining his identity. The villagers thus set out searching for him in the night while the PSF still held him.

The NHRC held that the PSF should have identified innocent empty handed villagers and should have also heard the shouts of the villagers, who were searching for the detained man. The PSF resorted to blind firing which led to the death of Thingtu Ngemu due to “mistaken identity”. Further, the PSF continued their firing until next morning without any retaliation or any cross-firing. The NHRC held this to be a blunder and unjustified irresponsible action.

The enquiry magistrate concluded that PSF was responsible for his death as the deceased was innocent having no connection with any outfit and is survived by ailing parents and a wife and 2 children who depended on him for livelihood.

The NHRC has thus issued notice to the Ministry of Defence in this regard to show cause why the compensation should not be paid, to respond within 4 weeks.

Related:

State liable for the action of police officials in custodial torture: NHRC 

Delhi HC slams Tihar Jail authorities for alleged murder of undertrial

NHRC directs Centre to pay compensation to Tribal rights activist for offloading him

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