MSHRC Summons Top Maharashtra Officials Over 8-Year-Old's Stray Bullet Injury In Chunabhatti Gang Shootout

Mumbai: The Maharashtra State Human Rights Commission (MSHRC) has issued summons to the Additional Chief Secretary (Home), the Director General of Police, and the Commissioner of Police, Mumbai City, seeking their response in a case involving compensation for a minor girl who sustained a permanent hand injury after being hit by a stray bullet during a gang-related shootout in Chunabhatti.

Commission cites violation of Article 21 right to life

In its three-page order dated April 24, the commission took prima facie note of the State’s alleged failure to ensure public safety and protect the child, observing that the incident amounted to a violation of her fundamental right to life under Article 21 of the Constitution.

The complaint was filed through advocate Hitendra Gandhi on behalf of the victim’s mother, Sunita Sharma. The plea states that the eight-year-old girl, was injured on December 24, 2023, when members of rival gangs opened fire in Azad Gali, Chunabhatti. The crossfire left multiple persons dead and injured, while the minor suffered serious injuries to her hand, resulting in permanent damage.

Family struggled with medical costs, no state aid

According to the complainant, the State not only failed to prevent the incident but also neglected to provide adequate medical and financial assistance thereafter. The family, which depends on the modest income of the child’s father, has struggled to bear the cost of ongoing treatment.

The commission noted that the complainant had approached several authorities, including the Chief Minister, the Mumbai Suburban District Collector, and the Mumbai Police Commissioner, seeking reimbursement of medical expenses. However, no relief was granted.

Police admit MCOCA case but say no compensation provision

A report submitted by the Deputy Commissioner of Police, Zone-6, confirmed that an offence was registered under the Maharashtra Control of Organised Crime Act (MCOCA) in connection with the incident, and that a final report has been filed before the court. The police, however, stated that there is no provision within the department to grant compensation in such cases.

Taking note of this submission, the commission observed that the child was an innocent victim of gang violence and had suffered injuries through no fault of her own. It emphasised that the State has a duty to maintain law and order and ensure the safety of its citizens.

“This is a case in which the minor has become a victim through no fault of her own. The State has failed to maintain safety and security by allowing such gunfire in public, resulting in bullet injuries. This amounts to a violation of the right to life,” the commission noted.

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