NATIONAL HUMAN RIGHTS COMMISSION, INDIA
of Deputy Superintendents of Police and Inspectors). The functioning of Investigation Division
is analytical & multi dimensional and it carries out the following activities:
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i.
Spot Enquiries: The Investigation Division conducts spot enquiries and recommends
suitable action in the case revealing human rights violations. The spot enquiries conducted
by the Investigation Division not only bring out the truth before the Commission, but also
send a message to all concerned– complainants, public servants, etc. The Commission
orders a Spot Enquiry in a range of cases concerning serious violation of human rights by
public authorities– from illegal detention, extra judicial killings, etc. by the police to the
lack of facilities in a hospital leading to unnatural deaths or cases of bonded labour. Spot
enquiries enhance the confidence of the general public too and instill their faith in NHRC’s
role in protection of human rights. The Investigation Division also gives its comments/
observations, whenever sought, in the cases of advice/analysis, besides monitoring of
cases whenever referred to it.
ii.
Custodial Deaths: As per the guidelines issued by the Commission to the State authorities,
the latter are supposed to intimate the Commission in case of any death occurring in
custody (whether in police or judicial custody) within 24 hours. The Investigation Division
on receiving such intimations analyzes the reports in order to find out if there was any
human rights violation involved. In order to make the analysis more professional and
accurate, the Investigation Division seeks opinion from the forensic experts and doctors
on the panel of NHRC. In May 2019, a total of 7069 number of case files were available in
the Investigation Division for processing. Considering the scenario, it was decided to form
a Custodial Death (CD) Cell within the Investigation Division by deputing staff exclusively
for speedy disposal of such files. Accordingly, the CD cell was formed on 10th May, 2019
and was in functional till 20th December, 2019. During this period, more than 1400 files
were disposed off by the CD Cell which reduced the overall pendency of the Investigation
Division.
iii.
Deaths in course of Police Firing/Encounters: The Commission has laid down detailed
guidelines for such cases in which people/extremists get killed during a police action
such as firing. The matter is mandatory to be reported to the Commission within 48 hours
following a detailed report, post-mortem reports, Ballistics report, Magisterial enquiry
reports, status of investigation etc. by an independent agency. The Investigation Division
is entrusted with the work of analysis of such incidents and brings out the fallacies/
anomalies, in case any, in such cases before the Commission.
iv.
Fact Finding Cases (FFC): The Investigation Division also calls upon the different
authorities to submit reports in “Fact Finding” Cases as directed by the Commission. The
Investigation Division critically analyzes these reports with a view to assist the Commission
in deciding whether there is any violation of human rights or not. In cases where reports
received are misleading or not factual, the Commission orders a spot enquiry as well.
ANNUAL REPORT 2019-20