...... CIVIL LIBERTIES 29 cases be handed over for investigation to some other independent investigating agency, such as State CBCID. Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognisable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the I.P.C. Such case shall invariably be investigated by the State CBCID. A Magisterial Inquiry must invariably be held in all cases of deaths, which occur in the course of police action. The next of kin of the deceased must invariably be associated in such inquiry. No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such rewards are given/ recommended only when the gallantry of the concerned officer is established beyond doubt. 4.31 All the Chief Ministers and Administrators have been directed to send a six monthly statement of all cases of deaths in police action in the States/ UTs through the Director General of Police to the Commission by the 15th Day of January and July respectively in the proforma devised for the purpose. 4.32 The allegation of an extra-judicial killing resulting from a fake encounter is an extremely grave issue. In respect of each of these complaints, therefore, the Commission has sought to ensure that enquiries were instituted and action taken in accordance with its guidelines. 4.33 During the course of the year 2003-2004, the Commission received a total number of 100 intimations from police authorities in respect of deaths that had occurred as a result of police encounters. Besides, intimations of four deaths in firing were received from Army Authorities. A statement showing the state-wise position in respect of intimations received from police authorities of various states/ army authorities is given in Annexure 4. 4.34 In addition to the above, the Commission also received a total number of 109 complaints in respect of deaths that had allegedly occurred as a result of fake encounters by police as per complaints made by NGOs/ individuals. The Commission also received three complaints against armed forces and two complaints against para-military forces alleging deaths in fake encounters. A state-wise position in respect of such complaints is given in Annexure 5. D] Systemic Reforms: Police 4.35 The need for independence of the Police from political interference, and steps to improve efficiency and modernize training programmes have been highlighted time and again by various experts and organizations. Several Police Commissions have submitted their reports recommending reforms in police organisational structure and functioning, but no concrete action has been taken on these reports and desired results are not in sight. ANNUAL REPORT 2003-04