Refusing to appoint a judicial commission to investigate the so called “encounter deaths” in Tamil Nadu, the Madras High Court has observed that it would not be appropriate to seek a separate mechanism when there were Human Rights Commissions at the Central and State levels to deal with such issues.
“Alarmed” by increased extrajudicial executions in the name of “encounter” killings in Tamil Nadu, Henri Tiphange of People’s Watch moved a PIL before the High Court in 2010.
Beginning with the death of Veeramani and Veerappan on July 27, 2003 and October 18, 2004 respectively, the People’s Watch had been monitoring the practice of encounter killing and its glorification by police, media and civil society. Certain police officers involved in such encounter killings had been hailed as “encounter specialists.” These cases reflected a pattern of consistent, intentional and unchecked murder by police officers of Tamil Nadu, and disregard of the State in enforcing the rule of law, Mr. Tiphange said.
Alleging that the guidelines of the National Human Rights Commission on encounter deaths had not been followed, Sudha Ramalingam, counsel for the petitioner, stated that the National and State Human Rights Commissions had turned a blind eye towards these transgressions of human rights.
The petitioner sought the court to appoint a judicial commission headed by a retired judge of the High Court to probe the encounter deaths, award compensation to families of victims killed in encounters, direct the NHRC and the SHRC to take cognisance of the killings and make suitable policy to prevent such incidents.
He also sought the court to direct the police to file FIR in every case of encounter killing and prosecute the delinquent police officers.
When the petition came up for hearing, the First Bench, comprising Chief Justice S.K. Kaul and Justice T.S. Sivagnanam, dismissed the petition.
The Bench also set the petitioner at liberty to approach the appropriate human rights commission for redress.
It would not be appropriate to seek a separate mechanism when there are HR panels at Central and State levels, says HC
