
Supreme Court directs states to follow NHRC plea, file information on encounter killings
FirstpostThe Supreme Court on Tuesday directed various states to file their replies on a plea of the National Human Rights Commission New Delhi: The Supreme Court on Tuesday directed various states to file their replies on a plea of the National Human Rights Commission seeking direction for mandatorily giving information about any encounter killings in their respective jurisdiction for purposes of enquiry. The NHRC in its plea has sought direction that the state governments and police authorities should continue to provide the information asked for by it in accordance with the guidelines and provisions of the Protection of Human Rights Act, 1993, for probing the cases of encounter killings. “The said guidelines which are made in sub-silentio, having not considered various mandatory provisions of the Protection of Human Rights Act, 1993, circumscribe and completely abrogate the power conferred on NHRC by the Act, to enquire suo motu or on a petition presented to it by a victim or any person on his behalf into any complaint of violation of human rights by a public servant,” the plea said. “The latest guidelines were issued by the Commission in May 2010 which provided that an information of encounter killing should be given to NHRC within 48 hours after the incident and a second report along with the post-mortem report, Magisterial Enquiry Report and forensic report should be submitted to the Commission within three months,” it said.
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