The National Human Rights Commission (NHRC) on Thursday sought a report over the fake encounter of civilians in Kandhamal district. The commission has instructed the Home Ministry and the State Government to submit the report within two weeks.
The Odisha Human Rights Commission (OHRC) had also sent notices to the Home Department Secretary, the DGP, and the Southern Range IG along with the Southern Range Revenue Divisional Commissioner on Monday to submit a report within two weeks.
While a probe on the incident was also conducted by a team of National Commission for Scheduled Tribes (NCST) led by chairman Rameswar Oraon, National Commission for Scheduled Castes (NCSC) chief Pl Punia also visited the district on Thursday to investigate the incident.
Police claimed that the five villagers of Gumudumaha, including three women and a child, were reportedly killed in an exchange of fire between police and Maoists at Malapanga forest in Kurtamagarh of the district on evening of July 8. The statements of an injured victim undergoing treatment at MKCG Medical College Hospital in Brahmapur and doctors who had performed autopsy on the dead victims, however, had a different version.
The incident has ignited protests by various fronts demanding compensation for the victims and action against the security personnel, including sacking of Kandhamal Superintendent of Police Pinak Mishra and Southern Range IG Amitabh Thakur.
Here question arises over the compliance of Supreme Court guidelines to be followed during such incident. On September 2014, a bench of the apex court led by Chief Justice of India (CJI) RM lodha issued a 16-point guideline to be followed while investigating police encounters in the case of death.
A few guidelines are in reference to the Code of Criminal Procedure (CrPC), such as registration of FIR after the occurrence of such incident (Sec 157 and 158), mandatory magisterial inquiry (Sec 170 and 190), quick and fair trial (Sec 173) and compensation to the kin of the dead victim (Sec 357A).
The guidelines also mention that the statement of the injured victim should be recorded by a magistrate with certificate of a witness.
While the guidelines mention that the NHRC or State Commission should be immediately informed of the encounter deaths, the administration or Government acted in a lackadaisical manner in reporting it. A human rights organisation, Human Rights Front, filed the case before the OHRC after a gap of three days from the incident and an advocate, Radheshyam Jena, filed it before the NHRC after a gap of five days.
A Special Investigation Team (SIT) under Human Rights Protection Cell (HRPC) led by ADG Mahendra Pratap was also formed by the State Government to probe the incident. The SC guidelines mentions formation of such a team but the team has to follow eight minimum probe requirements before submitting the findings before the court.
When the SC guidelines clearly mention disciplinary action and suspension of police officials found guilty of such encounter and such officials will be barred from all gallantry awards or promotion until proven innocent, the Police Officers’ Association here on Wednesday threatened the State Government to go on strike if action is taken against the police personnel involved in the firing before completion of the probe.
Further, the guidelines mention that the family of an accused police official has to be intimated and provided with legal services and the family of the victim can complain before the Sessions Judge if it feels that the guidelines have not been followed. The judge must take cognisance of the complaint and address all the grievances.
Who is going to apprise the family of the victims about such provisions when the State and police are acting as if unaware of the guidelines and opposition parties are trying to gain political mileage from the incident, is still a question unaddressed. The innocent victims and common people are the last to suffer from the incident.