Complaints before the Commission However, if a death is caused in an ecounter that cannot be justified on the ground of a legitimate exercise of the right to private defence, or in proper exercise of the power of arrest under Section 46 of Criminal Procedure Code, the police officer causing the death would be guilty of the offence of culpable homicide. Whether the causing of death in the encounter in a particular case is Justified, will therefore depend upon the facts established after a proper investigation. Deeply concerned by complaints of fake encounters, the Commission laid down the procedure to be followed in all cases of encounters in its directions on Complaint No. 234 (l-6)/93-94 brought before the Commission by the Andhra Pradesh Civil Liberties Committee. That procedure, which was spelt out in a letter dated 29 March 1997, from the then Chairperson of the Commission to the Chief Ministers of all the States and Union Territories, commended the following steps: □ When the police officer in-charge of a police station receives information about the deaths in an encounter between the police party and others, he shall enter that information in the appropriate register. □ The information as received shall be regarded as sufficient to suspect the commission of a cognizable offence, and immediate steps should be taken to investigate the facts and circumstances leading to death to ascertain what, if any, offence was committed and by whom. □ As the police officers belonging to the same police station are the members of the encounter party, it is appropriate that the cases are made over for investigation to some other independent investigation agency, such as the State CID. □ The question of granting of compensation to the dependents of the deceased may be considered in cases ending in conviction, if police officers are prosecoited on the basis of the results of the investigation.^^,,^ (D) POLICE HARASSMENT Illegal detention: Uttar Pradesh (Case No. 15016/24/98-99) The Commission was seized of a complaint from Ms. Kamini Sharma of Mathura, Uttar Pradesh, alleging that her father and one of her brothers had been illegally arrested and detained in custody for a day. These arrests had been made to ascertain the whereabouts of her brother Kapil, who was a suspect in a murder case. The Commission called for a report in this matter from the SSP Mathura. The report stated that the three had been called to the police station, but had been let-off after a brief interrogation. There had been no illegal detention. Finding the report unconvincing, the Commission directed the matter to be investigated by its own investigation division. Tlie report of the investigation team confirmed the 111

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