Imphal, October 10 2009: As per the revised guidelines/procedures to be followed in dealing with deaths occurring in encounter deaths issued by the National Human Rights Commission, Director General of Police of a state should sent a six monthly statement of all cases of deaths in police action in the state to the state human rights commission, observed Advocate Khaidem Mani today.

Distributing the eight point guidelines which was drafted by the National Human Rights Commission, which was furnished to all chief secretaries of the state on December 2, 2003, Mani said the Supreme Court has also directed the states to abide by the recommendation of the commission.

The states must sent intimation to the Commission of all cases of deaths arising out of police encounters.

The commission of all cases of deaths arising out of police encounters.

It also recommended the modified procedure to be followed by state governments in all cases of deaths, in the course of police action, and it was made clear that where the police officer belonging to the same police station are members of the encounter party, whose action resulted in deaths, such cases be handed over for investigation to some other independent investigation agency, such as state CBCID and whenever a specific complaint is made against the police alleging commission of a criminal act on their part.

For a cognizable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the IPC.

Such case shall invariably be investigated by the state CBCID.

A Magisterial Inquiry must invariably be held in all cases of deaths which occur in the course of police action.

The next of kin of the deceased must invariably be associated in such inquiry, the recommendation stated.

The national commission also directed all the chief ministers and administrators to send a six monthly statement of all cases of deaths in police action in the states/union territories through the Director General of Police to the Commission by the 15th of Day of January and July respectively in the performa devised for the purpose.

While sending the police statement of the cases post-mortem reports and inquest reports may also be provided along with the place of occurrence, police station, district, circumstances leading to deaths (self defense in encounter, in the course of dispersal of unlawful assembly or in the course of effecting arrest), brief facts of the incident, criminal case no., investigating agency.

Finding of the magisterial inquiry/enquiry by senior officers, disclosing in particular names and designation of police officials, if found responsible for the death, and whether use of force was justified and action taken was lawful.

Putting the guidelines, Khaidem Mani opined that killing people by police and security force is not allowed by the law.

If any of them killed a person(s), he will be treated as committing crime until they proof the killing for self protection with hard evidence in a criminal court that will judge whether he committed crime or not.

Comment