(C) ILLUSTRATIVE CASES 9 1 1 As in previous years, this report also includes illusfiative cases identified by the Commission which reflect the nature and content of grievances of human rights violations brought to its notice. They cover custodial death and rape, violence against women, illegal detention, wrongful 'implication, failure of the police to take appropriate action to protect the victim's intere?t, conditions relating to jails or violence in areas of insurgency and terrorism. 9.12 The gist of selected illustrative cases follows below : (I) Deaths in Alleged "Fake Encounters" with PoIice in Andhra Pradesh These cases arose out of complaints made by the Andhra Pradesh Civil Liberties Committee (APCLC), a non-governmental organization, which alleged that the Andhra ~ r a d e s hpolice had staged "fake encountersmin order to eliminate members of the People's War Group (PWG), their supporters and sympathizers: The APCLC, in their complaint, gave particulars of such encounters which they described as fake, and stated that, instead'of following the due process of law inrespect of the PWG,the police was resorting to 'executive elimination'. In some cases, the deceased were found to be only remotely connected with the People's War Group and in some others the deceased were not involved in any naxalite activity nor had they been arrested or even mentioned in any police record. The claim of the police in each of the cases was that the persons killed had committed several offences and were accused in criminal cases. Warrants for arrest, it was said, were issued against them and they were evading arrest and that the police had the right to use force for effecting arrest which could extend upto causing of death of the accused if they were involved in offences punishable with death or with imprisonment for life. The police also claimed that the deceased were the aggressors and would have Idled the police-personnel had the police not fired at them in exercise of their right of sdf-defence. They thus sought to justify their killing on the ground that the deceased themselves were guilty of attempts to commit'the murder of police personnel. The Commission noted that the evidence on record did not show in any of the cases that any prior attempt was made by the police to arrest the deceased persons. In none of these "encounters", did police personnel receive any injury while one or more

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