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75-Yr-Old Assured Rs 5 Lakh Compensation, Govt Pays Only Rs 25,000

Maha Govt disregards Human Rights Commission order granting 75-yr-old Rs 5 lakh compensation, pays only Rs 25,000

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Six years after he was assaulted by two cops inside the Wadala police station, 75-year-old veterinarian Dr Dattatray Nimje received some closure in May 2018 when the Maharashtra State Human Rights Commission ordered the State pay him a compensation of Rs 5 lakh. But this triumph was short lived. Six months later, Dr Nimje received a letter from the Maharashtra Govt stating that he would receive only Rs 25,000, barely 5 percent of the amount he was entitled to.

“The judgment came about in June (2018) and I was supposed to receive payment in 6 weeks. But six weeks were up long ago. In November 2018, they sent me an order where they had modified and reduced the amount. This is illegal and contempt of court. The IAS officer could have appealed (in court) against the amount and have it reduced but they didn’t do that. This is shameful. The CM should give me an answer. I want Rs 5 lakhs according to my judgment. I will not accept the Rs 25,000 or a single naya paise. I want my compensation with interest.”
Dr Dattatray Nimje
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Dr Nimje’s ordeal for justice began in 2012 when he got into a tiff with his neighbour. During an afternoon in August 2012, who was the chairman of his society back then, asked his neighbour not to repair the silencer of his two-wheeler inside the society compound. Minutes later, the man brought a group of people to Dattaray Nimje’s residence and assaulted him.

But the elderly veterinarian received a shock when he arrived at the police station with his complaint. The officers on duty beat him up when he complained to them.

“The two officers there, Tukaram Jadhav and Ganesh Kanade, refused to hear me out. They started listening to the other women and young men who had complaints against me and kept me standing where they make criminals stand. They kept asking me to shut up and threatened to arrest me. I was telling them about my complaint, but they didn’t even listen to me. They held me by my T-shirt and pulled. I fell and both the officers kicked me.”
Dr Dattatray Nimje

Another policeman later agreed to lodge Dr Nimje’s complaint. Angered by the police’s behaviour and lack of follow up, the Dr Nimje approached the Maharashtra State Human Rights Commission in 2012 and lodged a complaint. The MSHRC came down heavily on the police authorities.

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“The facts and circumstances of the present case again unfortunately unveils a pathetic state of affairs, hounding the police department, supposed to be the custodian and guardian of law and also exposing the lack of police-public relationship and confidence.”

With these observations, the Human Rights Commission recommended the increment of the police officer involved be stopped for two years, Dr Nimje be granted Rs 5 lakh compensation within 6 weeks of the order. They also ordered an interest of 12.5 percent be paid per annum in case there’s a default in the payment.

However, none of the recommendations made have been followed by the State. Senior lawyers slam the government for violating and ‘mocking’ the MSHRC.

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“I would say it’s a clear-cut violation of the guidelines. Action of the state government reducing the compensation amount of the commission is arbitrary. In fact, it’s illegal and the victim who has got that amount of money is free to approach the High Court. He must file a writ petition in the High Court and get strictures against the state government because even though it is a recommendation, we have seen as lawyers that any recommendations of the court is always treated as mandatory.” 
Advocate Abha Singh

The government’s decision to completely disregard the State Human Right’s order also raises questions on the authority and power bestowed upon the body. As Advocate Wahab Khan points out,

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“MHRC passes an order, the issue is that whether they have any authority to take any coercive action. If they don’t have any power to take coercive action, then the very purpose of granting them permission to give compensation becomes an exercise in futility. Even if they grant a heavy compensation, it can’t be implemented.”
Advocate Wahab Khan 

The government’s response to Dr Nimje’s case warrants the question – how many such orders passed by the Maharashtra Human Rights Commission have been blatantly violated by the state in the past?

For now, the 75-year-old veterinarian’s struggle for justice seems far from over.

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