A letter addressing the home secretaries of all UTs of J&K and states was sent by the Secretary-General of the Commission requesting to have a smooth procedure of confidential details of custodial deaths. The NHRC (National Human Rights Commission) has provided fresh guidelines to all States and UTs. The Commission had issued general guidelines in the PHR, 1993 act that in any case of death in custody within 24 hours and the encounter death within 48 hours must send all the evident reports including post-mortem videography and magisterial inquiry report, etc.

It was found to delay in all the reports which in turn delayed the process of cases of custodial violence in the commission. Because of the injustice, the commission has instructed to report all the details including post-mortem, videography, etc. to be sent within only two months of the proceedings. Erstwhile State of J&K was not under statutory obligation to follow the mandate of the Commission by sending intimates, 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 in the PHR Act. 

All these things need to be done in the new format directed by the Commission. The magisterial inquiry needs to be done in any further deaths within a deadline of two months. There must be no waiting for any internal assessment of post mortems, and the reports must be sent within the given time.


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