C I V I L L I B E RT I E S with mental illness and morbidity among inmates have been conveyed to the State Governments on a regular basis and there has been persistent followup in respect of these matters. It remains essential, in the view of the Commission, that the State Governments give greater attention to the better management of prisons. This matter is dealt with in greater detail in paragraphs 4.66 - 4.90 of this report. C] Encounter Deaths 4.45 The allegation of extra-judicial killings resulting from 'fake encounters' is an extremely grave one. Whenever a complaint making such an allegation has been received by the Commission, therefore, it has been necessary to ensure that enquiries were instituted and action taken in accordance with the guidelines issued by the Commission on 29 March 1997. 4.46 During the course of the year 2002-03, the Commission was informed of 83 instances of police encounters by the authorities of various States, 41 of which related to the State of Uttar Pradesh, 10 to Maharashtra and 7 to Andhra Pradesh. A statement indicating the numbers of such cases and the action taken on them by the Commission may be seen at Annexure 3. 4.47 By their very nature, such complaints take time to enquire into, analyze and conclude with appropriate directions. In the course of the year 2002-03, the Commission concluded 22 cases out of 55 cases pending from the year 2001-02 and 3 out of the 83 cases that were received in the year 2002-03 (Annexure 4). Each of these cases will be monitored carefully and each will be pursued vigorously by the Commission until the conclusion can be reached that all necessary steps have been taken in respect of them. 4.48 The guidelines that the Commission issued on 29 March 1997 in respect of encounter deaths arose from hearings that the Commission conducted in respect of allegations of extra-judicial killings of members of the People's War Group in 'fake' encounters involving the police of Andhra Pradesh. The human rights implications of the situation remain of great concern to the Commission. The murderous acts of violence and terror for which the People's War Group is responsible must be condemned unreservedly. In addition, however, the Commission remains firmly of the view that each case involving an extrajudicial killing by the police should be diligently investigated in accordance with the guidelines of the Commission and that those guilty of 'fake' encounters ANNUAL REPORT 2002-2003 ... ... 57 ... ... ..