Annual Report 2013-14 attempts were made to prove the allegations put forth in FIR lodged by Special Cell of Delhi Police. This utter subversion of due process extended to the post-mortem as well, wherein hand swabs of only 3 deceased was taken and not that of Aslam and Shehzad alias Babu, for which no explanation was given, by the doctor. 4.241 The Enquiry Officer raised doubts over the genuineness of the encounter and recommended a CBI enquiry, which was, however, denied by the Hon’ble LG of Delhi. The Ministry of Home Affairs also declined permission for a CBI enquiry along the same lines. 4.242 The Commission directed to ask why a CBI enquiry was denied by the Hon’ble LG of Delhi. It further directed that a spot visit be conducted at the site to ascertain the topography and geographical features so as to determine if the injuries to the deceased could have been caused by falling over the same. 4.243 The Ministry of Home Affairs responded to the Commission’s enquiry as to the cause behind denial of a CBI enquiry stating that it agreed with the Hon’ble LG of Delhi in the matter and that a CBI enquiry was not needed as the said criminals were involved in 74 heinous crimes before said encounter. 4.244 While the Commission reluctantly accepted this denial of what it perceived to be a necessary CBI enquiry into the matter, it served a show cause notice to the Ministry of Home Affairs, asking why monetary compensation should not be awarded to the next of kin of the deceased. The Commission also referred to the guidelines it had laid down, way back in 2003, to hold magisterial enquiries in the aftermath of any encounter, involving loss of life, which had been complied with, by all State Governments except by the National Capital Territory, wherein, the Delhi Police have always opposed magisterial enquiry, exercising extraordinary veto on these decisions. 4.245 The Ministry of Home Affairs opposed award of compensation on the ground that the persons who were killed had serious criminal records and providing relief to the next of kin of such dreaded criminals would amount to providing incentive for such criminal activities and send a wrong signal. 4.246 The Commission in its proceedings dated 5 February 2014 reminded the Ministry that, under the law, criminals cannot be summarily executed. It was for the police to establish that those men were killed in the exercise of the right of self-defense and they have failed to do so. Rejecting the argument made by the Ministry that “providing relief to the next of kin of such dreaded criminals would amount to providing incentive for such criminal activities and send a wrong signal” the Commission reminded the Ministry that the only criminal activity that had been plausibly established in this case was the murder of five men by policemen appointed to uphold the law, not to break it. 70 | NHRC