Imphal, October 10 2009: Magisterial enquiry should be done in all cases of deaths caused in the course of police action.

Relatives and near ones of the deceased should be associated with the enquiry process, said Advocate Khaidem Mani.

Speaking to media persons today, Mani said that necessary disciplinary action should be initiated against any officer not cooperating in police investigation or magisterial enquiry.

The question of compensation should be decided after establishing the facts and circumstances of the particular incident, he said.

No police officers should be awarded gallantry awards shortly after the incident of killing.

Such awards should be recommended only after the particular officer or personnel is cleared of all suspicions, he said.

Observing that it needs assessment how far guidelines issued by the National Human Rights Commission to States and Union Territories regarding encounters with police are followed, Khaidem Mani recalled that after the guidelines were issued to Chief Secretaries/administrators of States/Union Territories on March 29, 1997, the NHRC intimated revised guidelines to Chief Ministers on December 2, 2003 .

In the backdrop of the prevailing situation in Manipur, it calls for a thorough deliberation whether the State Government and its machinery (police) are complying with the NHRC's guidelines regarding killing in encounters, Mani asserted.

Citing the guidelines, Mani said that police do not have the right to eliminate any person.

If a policeman killed a person under any circumstances, he should be treated as committed an offence of culpable homicide.

However, if he can prove in a court with witness and proofs that he killed the person in self-defence, he may be declared not guilty.

Another provision under which a police officer can justify causing death of a person is Section 46 of CrPC which the authorises the police to use reasonable force, even to the extent of causing death, if found necessary to arrest the person accused of an offence punishable with death of imprisonment for life, Mani quoted.

The police claim of killing a person in encounter is not acceptable unless a relevant court confirms the claim after a trial.

Quoting the NHRC's guidelines, Khaidem Mani said that when OC of the concerned police station received information about deaths in encounter between a police party and others, he should enter that information in appropriate register.

If police personnel of the same police station were involved in the encounter, the case may be handed over to CID (CB) for investigation.

In case, there are complaints of fake encounter and criminal case filed against the police party and if it makes out a cognisable case, an FIR case must be registered, Mani noted.

A statement of all cases of deaths in police action should be sent by the DGP to the commission every six months by January 15 or July 15 .

The statement should include reports of post mortem examination, inquest and injuries.

The statement should also incorporate date, time, place of occurrence, police station, district and brief facts of the incidents in addition to findings of magisterial enquiry or any senior officer.Circumstances leading to the death should also be explained, Mani explained.