...... 32 CIVIL LIBERTIES 4.49 The Commission is gratified to note from the Memorandum of Action Taken on its annual report for the year 2001-2002 that the guidelines issued by the Commission advising the State Governments/ UT Administrations to report all custodial deaths or rape to the Commission within 24 hours of such occurrence as well as to send the required reports within two months of the incident including post-mortem report in accordance with the new format are being followed. The Commission had also noted that the Commission’s instructions regarding the videography of the post-mortem examination in respect of deaths in police custody or judicial custody have been conveyed to the States and UTs for appropriate action. 4.50 The Commission issued revised guidelines in respect of procedure to be followed in cases of encounter deaths. The Commission has emphasised that the States must send an intimation to the Commission of all cases of deaths arising out of police encounters. The Commission also recommended a modified procedure to be followed by State Governments in all cases of deaths in the course of police action, and it was made clear that where the police officers belonging to the same police station are members of the encounter party, whose action resulted in deaths, such cases be handed over for investigation to some other independent investigating agency, such as the State CBCID. Whenever a specific complaint is made against the police alleging commission of a criminal act on their part and a case of culpable homicide is made out, an FIR to this effect must be registered under appropriate sections of the I.P.C. Such a 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. 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 in the proforma devised for the purpose. 4.51 The Commission has noted with appreciation that, upon its recommendations, State Governments have established Human Rights Cells in the police headquarters of their respective capitals. 4.52 The Commission is convinced that a fair and proper investigation is an essential feature of fair trial and that it is important to impart professional training to the investigating officials. In order to achieve this object, the Commission has set up a Training Division in NHRC in September 2003. Details of the training conducted by this Division are fully covered in Chapter 11 (F). During the year 2003-2004 the Training Division of the NHRC in collaboration with the Commonwealth Human Rights Initiative (CHRI) a prominent NGO, conducted a four days’ ‘Human Rights Sensitization Course’, for police officers of Chhattisgarh working in the police stations and the State Human Rights Commission, in NATIONAL HUMAN RIGHTS COMMISSION