been subjected to physical violence including rape. There was also a case of a man
being killed and his head severed from the body, put into a basket and the widow
compelled to go round the village with that headload. Normat'life and social order had
been destrbyedldisturbed by such activities and extra legal operations of Naxallite
groups is not disputable. The State Government brought in a legislation empowering
it to declare an associa6on to be or to have become unlawful and in exercise of power
under Section 3 of this legislation (Andhra Pradesh Public Security Act, 1992), PWG
hadabeen declared to be an unlawful association for a specific period. There was a
short gap when the ban was not in operation but the ban has now become operative.
a
4.
Since the law and order situation was disturbed by PWG activities, the police
started adopting initially stiff and gradually stiffer measures to contain their illegal
operations. As PWG people started moving in groups for carrying out their activities,
the police also formed groups for counter attack and keeping the illegal activities, under
c h e k and control. This led to frequent encounters in which there used to be loss of
life and injuries to persons on both sides. Government re-enforced the police force
and provided matching sophisticated weapons to them when it was found that some
of the members of th6 PWG were using sophisticated arms and ammunition. PWG
groups soon established access for getting land mines and started setting them on
several rural roads which killed police parties and destroyed their vehicles. The
relationship between the PWG and the police force, therefore, blcame bitter and totally
inimical.
APCLC is a Non-GoUernmental Organisation operating within the state of Andhra
5.
,Pradesh with headquarters at Hyderabad and is affiliated to PUCL at the national level.
It filed a complaint,before the Commission on 30th March, 1993 giving particulars of
285 police encounters which it described as fake ones organised by the. police to
eliminate members of the Peoples War Group or their supporters and sympalhisers
instead of subjecting them to the due process of law for punishing the guilty. The
complaint was scrutinised in the Registry and it transpired that several of the incidents
had happened prior to one year before the making of the complaint and therefore, were
beyond the
df the Commission onaccount of the special limitation of one year
provided #under Section 36(2) of the Protection of Human Rights Act, 1993. The
complainant, therefore, agreed to confine its complaint to cases within the period of
limitation. Ultimately it wanted the Commission to examine the question of fake police
encounter in six cases of its choice and gave a list of them being:
I. 234 ( 1 ) / 9 3 - 9 4 / ~ R (case
~ ~ of Kayita Yakaiah)