NHRC to UTs of J&K and Ladakh : Send intimation of custodial and encounter deaths in 24 hours and 48 hours respectively as per its guidelines to all States and UTs

New Delhi: 02nd July, 2020

The National Human Rights Commission, NHRC, India has asked the Union Territories of Jammu & Kashmir and Ladakh to intimate it about any custodial death within 24 hours and the encounter death within 48 hours of such incident as per its guidelines to all States and Union Territories with a view to protect and promote human rights.

In a letter dated 30th June, 2020 in this regard sent to the Chief Secretary of Union Territory of J&K and Commissioner Secretary, Union Territory of Ladakh, the NHRC Secretary General, Mr. Jaideep Govind has requested them to pass suitable instructions to the concerned for compliance of all instructions issued by the Commission to send all requisite reports including post-mortem, videography and magisterial enquiry report etc. in all custodial deaths and encounter deaths.

He has said that the erstwhile State of J&K was not under statutory obligation to follow the mandate of the Commission by sending intimations, in such cases of deaths in custody or encounter, in view of protection given in respect of subjects mentioned in List II of VII Schedule of the Constitution (State subjects) in the PHR Act. But after Amendment of PHR Act in the year 2019, there is no prohibition of exercising jurisdiction by the Commission like in all other States and UTs.

Therefore, it is incumbent upon the UT of J&K to follow the NHRC guidelines issued by the NHRC, India in case of custodial and encounter deaths, happened within the territory of UT of J&K.

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