, us in support of the stand of the petitioner. Commission's Registry reported that a ' Special Leave Petition had been filed against the decision and the Supreme Court ultimately has granted'leave and directed the stay of operation of the judgement. Since the judgement of the High Court had close bearing on the point in issue, we waited for the decision of the apex Court but as it appears it may take some more time and, therefore, we proceed to formulate our recommendations without waiting any longer. 9. We would like to indicate in brief the facts of the five cases pressed for consideration before us. 10. 1. Case No.234 (1)193-94 .- ' The complainant in this case is Kayita Lachchaiah. Deceased-Kayita Yakaiah was neither a member of the Naxallite groups nor had he ever participated in Naxallite. activities. There was a pending criminal case against him in a case relating to the burning bf RTC bus. He was involved along with 26 others in that case. He,was regularly appearing in court in this case. The family had one acre of wet land and about the same extent of dry land which-the deceased was cultivating and he was also engaged in lorry loading work with 14 labourers employed under him. On 25.5.1993,after loading four lorries he had come to the village to take bidi leaves and after finishing that job he returned home around 10 PM and retired by 13 PM. By 1 AM, 60 to 70 policemen came to the village and when they reached his house, all the members of the family were asleep. Same 30 policemen entered into the house. hey lighted a pawe,rfultorch which made PW 3 wake up. When he shouted, the other members of the family were aroused from sleep. They identified Kumaraswamy, Sub Inspector of Police who was then trying to take out Yakaiah. When the members of the family prevented his being taken away, force was applied by the police. On 26.5.1993 and the day following, PWs ? and 3 accompanied by the Village Surpanch (PWG) and some others went to the neighbouring police stations to ascertain the whereabouts of the deceased. He was alleged to have been killed at 9 AM on26.5.1993 within Eturnagaram Police Station limits. PWs 1 and 2, who are respectively father and mother of the deceased, were informed about the killing of the deceased in the hands of the police. The police version was th2t the deceased was an un-identified naxallite notwithstanding the fact that he was arrested by the police in the pending case and had been appearing in the court on the Ixed dates. Madhusudan, Sub Inspector