NHRC files a Writ Petition in the Supreme Court in connection with its order in a case of PUCL on encounter deaths (12.12.2014)
Press Release
New Delhi, 12th December, 2014
The Supreme Court has issued notices to the Centre and the State Governments on a Writ Petition filed by the National Human Rights Commission requesting its intervention to issue a writ of Mandamus directing the concerned governments and police authorities to continue to send the reports/information asked for by the NHRC and to abide by the guidelines issued by the NHRC in May, 2010 in regard to the procedure to be adopted in cases of encounter killings.
The Commission has also requested the Apex Court to issue Mandamus directing the concerned governments and police authorities not to construe the guidelines issued by the Hon'ble Court in the case of PUCL in such a manner as to obstruct enquiries by NHRC in cases of encounter.
It may be recalled that the Supreme Court had recently passed a judgement in a petition by PUCL on encounters. The Apex Court in its order had said, among other things, that the intervention of the NHRC is not necessary unless there is serious doubt about the independent and impartial investigation. However, the information of the incidents, without any delay, must be sent to NHRC. As regards compensation to be provided to the dependents of the victims who suffered death in a police encounter, the scheme provided under Section 357 (A) of Cr.P.C. must be applied.
The NHRC, through this Writ Petition, has sought to raise, among others, the following points:
1. Under Section 12 of the Protection of Human Rights Act, 1993, the NHRC has a statutory duty to look into all cases of violation of human rights which also includes right to life which is involved in the cases of death in encounter.
2. Who and when will decide the issue of serious doubt about the independent and impartial investigation?
3. What is the purpose of information to the NHRC if not actionable?
4. The power of NHRC to reward compensation is independent of Section 357 (A) of Cr.P.C.
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New Delhi, 12th December, 2014
The Supreme Court has issued notices to the Centre and the State Governments on a Writ Petition filed by the National Human Rights Commission requesting its intervention to issue a writ of Mandamus directing the concerned governments and police authorities to continue to send the reports/information asked for by the NHRC and to abide by the guidelines issued by the NHRC in May, 2010 in regard to the procedure to be adopted in cases of encounter killings.
The Commission has also requested the Apex Court to issue Mandamus directing the concerned governments and police authorities not to construe the guidelines issued by the Hon'ble Court in the case of PUCL in such a manner as to obstruct enquiries by NHRC in cases of encounter.
It may be recalled that the Supreme Court had recently passed a judgement in a petition by PUCL on encounters. The Apex Court in its order had said, among other things, that the intervention of the NHRC is not necessary unless there is serious doubt about the independent and impartial investigation. However, the information of the incidents, without any delay, must be sent to NHRC. As regards compensation to be provided to the dependents of the victims who suffered death in a police encounter, the scheme provided under Section 357 (A) of Cr.P.C. must be applied.
The NHRC, through this Writ Petition, has sought to raise, among others, the following points:
1. Under Section 12 of the Protection of Human Rights Act, 1993, the NHRC has a statutory duty to look into all cases of violation of human rights which also includes right to life which is involved in the cases of death in encounter.
2. Who and when will decide the issue of serious doubt about the independent and impartial investigation?
3. What is the purpose of information to the NHRC if not actionable?
4. The power of NHRC to reward compensation is independent of Section 357 (A) of Cr.P.C.
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