(a) the total number of cases of fake encounter reported/registered,
the action taken against the accused personnel and compensation paid
to the families of the victims during each of the last three years
and the current year, State-wise;
(b) the total number of fake encounter cases solved/unsolved and the
steps taken by the Government to solve all the cases;
(c) whether the Government proposes to formulate concrete policy to
check fake encounters; and
(d) if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI JITENDRA SINGH)
(a): State-wise details of the 369 cases of alleged fake encounters
registered by the National Human rights Commission (NHRC), during the
period 2008-09 to 2011-12 (as on 25.07.2011) are placed at Annexure.
In 90 cases, where Police action was found doubtful, NHRC has recommended
monetary relief of Rs. 4.54 crore to the next of kin (NOK) of the deceased.
(b): Out of the above 369 cases, 98 cases are solved and 271 cases yet unsolved.
In pursuance of Section 3(i) of the Protection of Human rights Act, 1993,
government has set up National Human Rights Commission (NHRC) to exercise
the powers conferred upon it and to perform the functions assigned to it
under the Act. As per Act, every proceeding before the NHRC will deem to
be a ‘Judicial’ proceeding under a Civil Court.
(c) & (d): Guidelines have been issued by NHRC to all the State Governments
for the procedure to be followed in the cases of encounter death. These
Guidelines include holding of a Magisterial inquiry; prompt prosecution and
disciplinary action against delinquent Officers; reporting of deaths in
Police action to NHRC within 48 hours of such incident etc. etc.