Complaints before the Commission
Government to place the case of the complainant's husband before the Review
Committee for careful scrutiny and consideration, as there were strong reasons for
considering the release of the husband of the complainant on bail.
After considering the communication received from Shri A.M. Batcha and, in
particular, the letter that it enclosed fromJustice V.R. Krishna Iyer, the Commission,
in its proceedings of 6 March 1998, recalled its various efforts in respect ofpetitions
received in regard to Veerappan, and concluded that the Governments concerned
must have regard for the safety of innocent persons affected by the situation and
that it must ensure that their lives are not endangered or their dignity and worth
as human beings violated or jeopardized.
The Commission has consistently taken the position, that in enforcing the law,
the apparatus of State must, itself, act in ways that are fully in conformity with the
law. It has therefore, pronounced itself repeatedly and clearly on acts such as 'fake
encounters', which are contrary to the law and therefore, in its view, unacceptable.
It has also, in this connection, laid down specific procedures that should be
followed, to enquire into and bring to book those who are involved in such acts.
Its proceedings and directives, in this connection, are a matter of public record and
have been transmitted to all State Governments for their observance. They would
be applicable to the present case, as to any other.
Likewise, the Commission has consistently taken the view that when acts of public
servants, including those of the security forces, have resulted in the violation of
human rights of innocent citizens of the country, and not least ofits most vulnerable
sections, these acts must be scrupulously enquired into; further, when the results
of enquiry so require, it must be ensured that appropriate compensation or other
remedies are provided.
ii. However, on 12 September 1998, Shri A.M. Batcha again complained that the State
Governments concerned had not taken any action on the aforesaid directions of
the Commission.
iii. The Commission, accordingly, directed the complainant to provide specific
particulars in respect of the affected tribal population, in order to enable it to take
up the matter with the authorities. Pursuant to this direction, on 30 November
1998, the Tamil Nadu Tribal Peoples' Association on submitted a number of
affidavits from men and women who stated that they had been adversely affected.
The Commission, thereafter, in its proceedings of 21 January 1999, directed its
DG(I) to discuss the matter further with the complainant.
iv. Following discussions with Shri Batcha, the DG(I) submitted a report to the
Commission dated 16 February 1999. It drew attention to various grievances and
sufferings of the people of the area, and also to the fact that innocent people were
missing from the camps. The report referred to the detention of 49 persons,
including 12 women, without any trial having taken place for over S'/s years. The
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