Delhi police to investigate Ansal Plaza case in accordance with NHRC guidelines

The National Human Rights Commission, in its proceedings dated 9 December 2002, considered the intimation from the Commissioner of Police, Delhi according to which the Delhi Police has transferred investigation into the matter of the Ansal Plaza Case from its Special Cell, New Delhi to Delhi Police, South District, New Delhi, in accordance with the NHRC Guidelines. The Commissioner of Police has also informed the NHRC that outcome of the investigation is awaited.


The Commissioner of Police, Delhi, after sending the initial report in response to the Commission’s notice dated 6 November 2002, had sent this intimation on 28 November 2002, consequent to the Commission’s Proceedings dated 14 November 2002 wherein the Commission has specified the correct procedure to be followed in cases of deaths in encounter, which are as follows:


When the police officer in charge of a Police Station receives information about the deaths in an encounter between the Police party and others, he shall enter that information in the appropriate register.


The information as received shall be regarded as sufficient to suspect the commission of a cognizable offence and immediate steps should be taken to investigate the facts and circumstances leading to the death to ascertain what, if any, offence was committed and by whom.


As the police officers belonging to the same Police Station are the members of the encounter party, it is appropriate that the cases are made over for investigation to some other independent investigation agency, such as State CID.

It may thus be noted that according to the above procedure, the Delhi police has transferred the investigation to an investigation agency other than the members of the encounter party, namely, the Special Cell, New Delhi, which had initially been entrusted with the investigation of the case. ….


The National Human Rights Commission has directed the Delhi Police to send a further report accordingly.