The National Human Rights Commission has directed the Delhi Government to provide a relief of Rs.5 lakh each to the families of Mandeep Singh and Vicky alias Vivek, killed in a fake encounter by the Delhi Police violating “human rights”. The incident took place on October 16, 2002, near Ganda Nullah in Jharoda Kalan area of Najafgarh here in the Capital. Interestingly, the city police's false claim was exposed in a CBI probe.
The Commission also set aside the police plea that the case being sub judice , no monetary relief should be awarded. It directed the Government to send the compliance report with proof of payment within eight weeks.
The Commission observed: “We find no merit in the plea. Proceedings of the Commission are independent of any other proceedings which may be pending at any other forum. Moreover, the issue to be decided in the criminal trial may not necessarily be the same as that before the Commission. While the question before us is whether Mandeep Singh and Vicky were deprived of life otherwise than in accordance with the procedure established by law, the criminal trial will determine the culpable liability of the accused. The recommendation for monetary relief need not wait till the conclusion of criminal trial.”
Dayanand, father of Mandeep Singh, in his complaint to the Commission alleged that eight police personnel in plain cloths came in their private cars and arrested Mandeep and three others -- Vicky, Sandeep Malik and Krishan Gulia -- from Hanuman Properties, Vivekanand Vihar, Bahadurgarh and forcibly took them away with an intention to kill them. And true to his apprehension, his son Mandeep and Vicky were murdered by the police.
In response to the Commission's notice in the case, Deputy Commissioner of Police (Vigilance), Delhi Police, on September 1, 2003, claimed that both Mandeep and Vicky were criminals, and they were killed in cross-firing which started when instead of surrendering to the police party they started firing at them. Krishan Gulia and Sandeep Malik were overpowered. As per the High Court directions the case was being investigated by the CBI.
Later the CBI DIG in his investigation report told the Commission that the claim of the Delhi Police raiding party was found to be false. It said both Mandeep and Vicky were killed in a fake encounter. The report also proposed prosecution of the accused police officers under Section 120-B read with Section 364, 302 of IPC.
Immediately after the incident the North-West District Police claimed that the two were killed in a fierce encounter in the night. No policeman was injured in the exchange of fire. All four were wanted in several cases of dacoity, highway robberies and carjacking. A Mauser, a Webley Scot pistol, two country-made guns and a car were recovered from them.
The suspects used to operate in Delhi and in Haryana and Uttar Pradesh. Three of the suspects hail from Jhajjar and Rohtak districts of Haryana. The police claimed that some personnel of the anti-auto theft squad saw Vicky getting into a Maruti car in which three other persons were present. This was near Bahadurgarh. The police party followed the suspects and tried to stop them when they reached a spot in Najafgarh.Challenged by the police party, the suspects swerved off the main road and tried to speed away into the fields. The police party, however, managed to intercept the vehicle. When challenged, the suspects reportedly fired at the police who retaliated. There was an exchange of heavy firing for a few minutes and two of the four suspects fell to the police bullets.
The then DCP (North-West) T. S. Luthra said Vicky was a known history-sheeter of Vasant Kunj police station and was involved in at least 17 cases of heinous crime. He was also allegedly involved in a murder case.
