Important Intervention<br>



NHRC files Writ Petition in the Supreme Court in connection with its order on encounter killings
The National Human Rights Commission filed a Writ Petition in the Supreme Court in connection with its order in the case of PUCL related to encounters. The Commission requested intervention of the Apex Court to issue a writ of Mandamus to 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 it in May, 2010 in regard to the procedure to be adopted in cases of encounter killings.
The Commission also requested the Apex Court to issue Mandamus to 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 the 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 was not necessary unless there was serious doubt about the independent and impartial investigation. However, the information of the incidents, without any delay, must be sent to the 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, had 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 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 the NHRC to reward compensation is independent of Section 357 (A) of Cr.P.C.

Forest officials' brutal assault on poor villagers of northern Tamil Nadu
The National Human Rights Commission has taken cognizance of a complaint with a video clip alleging that forest officials of Andhra Pradesh were taking law in their hands by brutally assaulting some workers who belonged to bordering Districts of Vellore, Krishnagiri and Dharmapuri in northern Tamil Nadu.
Allegedly, these workers were very poor and depended on forest produce for their livelihood. Their abject poverty compelled them to cut trees on orders of some unscrupulous elements engaged in illegal trade of high value timber. The poor villagers were not aware of legal consequences of their actions.
Considering the allegations as very serious, the Commission has observed that the law enforcement agencies can exercise their powers only in accordance with the provisions of law. The video clips displayed a dismal picture of an unarmed worker who was made nude and brutally attacked by certain persons claiming to be forest officials of Andhra Pradesh. Their action was not only brutal but also amounted to serious violation of human rights. The Commission has also observed that such actions should not only be condemned but also severely punished.
Accordingly, notices have been issued to the Chief Secretary and Director General of Police, Government of Andhra Pradesh calling for reports. They have also been directed to report on the action taken against the gangs involved in felling of valuable trees.