A report submitted on behalf of the State Police Chief to the State Human Rights Commission (SHRC) about the recent encounter deaths of Maoists in Nilambur is one that ignores the commission and one that violates the Supreme Court directives on encounter deaths.
Commission member K. Mohankumar observed that it was not clear whether Kerala had submitted the six-monthly report on encounter deaths to the National Human Rights Commission. If the report had been sent, the copy of the report in January 2017 needed to be produced, Mr. Mohankumar ordered.
The Supreme Court in 2014 ordered that in such encounters, the directives of the National Human Rights Commission be followed. However, in the report on the Nilambur deaths submitted by the Malappuram District Police Chief, in answer to the question whether the national commission’s directive were followed, it was recorded ‘not applicable.’ Even though the State commission had asked that there be clarity in this report, the same was not complied with.
In the May 16 report to the State commission, even though it was said the FIR and the post-mortem report were enclosed, the FIR was not to be found. Even though the State commission had called for the ranks and responsibilities of the policemen involved in the encounter, the police have not complied with the same. In the post-mortem report, there were 29 injuries on the body of a dead Maoist. It was the commission’s job to find out whether the encounter was unavoidable, a press note issued here said.
Within three weeks, the details of the officers who led the encounter, details on the use of force, including the FIR, and the report of the high-ranking police officers — as ordered by the commission — should reach the commission’s headquarters, the order said. The State Police Chief should personally ensure that this was done, the press note added.