The NHRC held a meeting with the officers of the Ministry of Defence on the issue of encounters by the armed forces and the Commission's interventions thereon. Presiding over the meeting, Mr. A.K. Garg, Registrar (Law), NHRC heard their concerns regarding the Commission's show cause notices on encounter by security forces. He said that the NHRC recognizes the difficult circumstances in which the security forces function. However, it is the mandate of the Commission to ensure that the state machinery, including the security forces, work in a manner which do not violate the right of a citizen to life, liberty and dignity.
Mr. Garg said that the Commission meticulously examines the reports received from the Defence Ministry in conjunction with other reports. It proceeds to issue show cause notice or to award monetary compensation only after it has reasons to believe that the official version of the incident is doubtful. The show cause notice is issued on the basis of many factors and not just on the escape of one terrorist from a cordoned off area.
The Registrar (Law) agreed with them that the police should share with the Defence Ministry the magisterial inquiry report of any encounter in its joint operations with the army. He also agreed that the decision of the Commission in such matters may be communicated to both the local police and the Defence Ministry.
However, he expressed his inability to accept the plea that the Commission should not recommend monetary relief to the next of kin of the deceased in an encounter. He said that if the Commission finds prima facie evidence of excess on part of the armed forces, it is duty bound to recommend some solace for the aggrieved citizen.