The Hindu : Front Page : Government takes steps to check encounter killings

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Monday, Sep 03, 2007
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Government takes steps to check encounter killings

S. Vijay Kumar

Magisterial probe must; no ‘instant’ award for police

MADURAI: The Government has come out with firm guidelines to be followed in all cases of death in the course of police action.

While making magisterial enquiry into encounter killings mandatory, instructions have been given not to give “out-of-turn” promotion or “instant” gallantry awards to police officials immediately after the incidents. In a circular sent to the Director-General of Police, Chief Secretary L.K. Tripathy said that the recommendations of the National Human Rights Commission with regard to deaths in police encounters should be observed strictly.

Going by the modified procedures, when personnel of a police station are members of an encounter team that causes the death of a suspect, the case should be transferred to an independent agency such as the CB-CID. Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognisable offence of culpable homicide, a First Information Report should be registered and investigated by the CB-CID.

While police encounters were hitherto enquired into by a Revenue Divisional Officer or Executive Magistrate, the new guidelines require a magisterial probe. The next of kin of the deceased will invariably be party to such an enquiry.

“No out-of-turn promotion or instant gallantry awards shall be bestowed on the officers concerned soon after the occurrence. It must be ensured at all costs that such rewards are given/recommended only when the gallantry of the concerned official is established beyond doubt.” The DGP has been advised to send half-yearly statement of deaths in police action to the NHRC. The Government has asked for a statement ending June 30, 2007, immediately.

Mr. Tripathy has warned that failure to adhere to the new guidelines in letter and spirit would be viewed “seriously” and the concerned district authorities would be held solely responsible for non-compliance. Copies of the circular had been sent to all Collectors and Superintendents of Police, official sources said.

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