BHRC asks Bihar govt to pay Rs 50,000 each to two brothers

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Patna: Bihar Human Rights Commission (BHRC) on Thursday directed the Home department of Bihar government  to pay Rs 50,000 each to Mohammad Shamsad Alam and his younger brother  Md. Irshad of Sitamarhi district within two months for their false implication in a case due to which they had to remain in jail for six months. The BHRC said that the amount be paid to them for the Human Rights Violation they have suffered.

Shamsad Alam, son of Md. Naseem Alam of village Kanhawa under Bela police station in Sitamarhi  district, had complained  to the Commission  about his and his brothers’ false implication, arrest and  detention  in a Runnisaidpur PS (Sitamarhi) case.  The case relates to attempt to take 17 children (6-13 yrs) for child labour to Maharashtra. The case, after investigation, was found false. The petitioner and his younger brother Md. Irshad had  to remain in jail for six months. The petitioner submitted that he was a teacher in an orphanage Madarsa in  Lonovala, Pune district. He was taking all the children, who were his close relatives, for admission in Madarsa.

After the initial response received from SP, Sitamarhi  and  counter response from the petitioner’s side , notices were issued to the then SDPO, SHO and Investigating Officer( an SI) to explain why proposed compensation to the victims be not recovered from them.  M N Upadhya, the then SDPO( now retd), SI  Sakil Ahmed, the then incharge SHO,  Runnisaidpur, PS,  SI Krihsan Mohan Yadav,  the IO of the case,  Md. Shamsad Alam and his brother Md. Irshad appeared before the Commission on June 7, 2016. The officers filed their  written submissions also.

According to IO, parents of  all the children confirmed that they were sending their ward for admission in Madarsa along with Md. Shamsad  Alam. Verifications  at  Mumbai and Pune confirmed that Md. Shassad Alam  had recently joined  the Madarsa.  The IO  did not verify  these facts immediately from the village of the rescued children  located under Sonbarsa Block in Sitamarhi district.

The I O, even without orders of his Supervisory Officer( SDPO or SP), filed a chargesheet against Md. Shamsad Alam and Md. Irshad, due to which they remained in jail till they were granted bail by Patna high court on February 16, 2015. The IO said that he had taken verbal approval  from the  SDPO which the SDPO, present during hearing , strongly denied. According to the report of SDPO, the I O should have submitted Final Form  only after compliance of instructions given in the supervision note.  This was not done. According to the written submissions of IO and SI, Krishan Mohan Yadav, he is facing a departmental proceeding.

BHRC member Neelmani said that it is, therefore, prima facie established that the petitioner Shamsad and Irshad had to remain in jail for six months due to improper submission of chargesheet on October 7, 2014. The defect was, however, rectified  by submission of  a Final Report , on the orders of SP, in the case on   November 30, 2014.    Subject to the outcome of  the departmental proceeding initiated against the investigating Officer SI Krishan Mohan Yadav,  the amount of compensation or a part thereof, may be recovered from him by the state government in the manner deemed fit, the BHRC said.