NHRC asks J-K, Ladakh to to intimate it about custodial, encounter deaths
Jul 02, 2020
New Delhi [India], July 2 : The National Human Rights Commission (NHRC) has asked the Union territories of Jammu and Kashmir and Ladakh to inform it about any custodial or encounter death, in accordance with guidelines, officials said on Thursday.
In case of custodial deaths, the NHRC should be intimated within 24 hours, and within 48 hours of the incident in case of an encounter death, according to its guidelines for all states and Union territories with a view to protect and promote human rights, the panel said in a statement.
In a letter dated June 30 in this regard sent to the Chief Secretary of Jammu and Kashmir and Commissioner Secretary of Ladakh, the NHRC Secretary General, Jaideep Govind has requested them to pass suitable instructions to the concerned for compliance of all instructions issued by the Commission to send all requisite reports including post-mortem, videography and magisterial enquiry report etc. in all custodial deaths and encounter deaths, read a statement from NHRC.
"He has said that the erstwhile state of Jammu and Kashmir was not under statutory obligation to follow the mandate of the Commission by sending intimations, in such cases of deaths in custody or encounter, in view of protection given in respect of subjects mentioned in List II of VII Schedule of the Constitution (State subjects) in the PHR Act," it added.
But after Amendment of PHR Act in the year 2019, there is no prohibition of exercising jurisdiction by the Commission like in all other States and UTs, it said.
