16 I CIVIL LIBERTIES
evident need to function with openness and clarity. The Andrabi case remains sub
judice, with no progress having been made in bringing to justice those allegedly
responsible for his abduction and subsequent death. The Commission regrets the
persistence of such a simation, just as it does the lack of cooperation extended to it
through the denial of access to records requested by it in respect of trials conducted
against members of the para-military forces accused of human rights violations. The
tragic incident that occurred in Bijbehara on 22 October 1993 is illustrative of this
recalcitrance. The Commission had been compelled to move a Writ Petition before the
Supreme Court but the records have not as yet been forthcoming. Indeed, in a case
relating to the conduct of members of a para-military force in the north-eastern State
of Manipur, a similar problem has arisen, with the Home Ministry repeatedly denying
access to the records required by the Commission. However, the Secretary, Ministry of
Home Affairs, has indicated that he will look into the issue personally.
3.19 For these reasons, and most of all to fulfil its Statutory purpose of ensuring the
'better protection' of human rights in the country, the Commission is convinced that
there is urgent need to amend, inter alia, Section 19 of the Protection of Human
Rights Act, 1993. The amendments proposed by the Commission have been pending
before the Central Government since March 2000, adversely affecting the
Commission in the performance of its duties. The Commission cannot but reiterate
its strongly held view that amendments to the Act, along the lines proposed by it, are
long over-due. It urges the Central Government to proceed with the needed
amendments without further delay.
3.20 The Commission also takes this occasion to draw attention to its earlier
recommendations in respect of the armed forces made in its preceding report,
including inter alia its view that the Central Government should direct the armed
forces, including the para-military forces, to report to the Commission — as does the
police—any case that might occur of the death of persons while in their custody. This
requirement, if observed with care, would go a long way towards ending acts of
custodial violence and the possibility of extra-judicial killings. Such a development
could transform the conduct of the armed forces including the para-military forces,
and also, incidentally, reduce the allegations brought against them of violence of this
kind, which is impermissible imder the laws of our land and contrary to the principles
of international human rights law and humanitarian law.
3.21 In the course of the year under review, the Commission, after considering with
care the complaints brought before it against the armed forces, including the paraNATIONAL HUMAN RIGHTS COMMISSION