The National Human Rights Commission (NHRC) has filed a writ petition in the Supreme Court seeking its intervention to issue directions to the State governments and police authorities to send the reports and information asked for by the Commission in all cases of encounter killings.
Directions have also been sought for abiding by the guidelines issued by the NHRC in May 2010 with regard to the procedure to be adopted in cases of encounter deaths. The Supreme Court has issued notices to the Centre and the State governments on the petition.
The Commission has also requested the apex court to direct the governments and the police authorities concerned not to construe the guidelines issued by the court in the case of People's Union for Civil Liberties (PUCL) in such a manner as to obstruct inquiries by the NHRC in cases of encounter.
The Supreme Court recently passed a judgment on a petition moved by the PUCL on the encounter deaths and stated, among other things, that the intervention of the NHRC was not necessary unless there was a serious doubt about the independent and impartial investigation. However, the information of the incidents must be sent to the Commission without delay.
As regards the compensation to be provided to the next of kin of the victims killed in a police encounter, the scheme provided under Section 357-A of the Criminal Procedure Code must be applied, said the judgment. Section 357-A, inserted in Cr.P.C. in 2008, lays down a victim compensation scheme.
