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NHRC cannot order a probe, say legal experts

NHRC had suo motu registered a case in connection with the killings
Hyderabad: NHRC cannot order a CBI probe, it can only recommend or suggest a probe and the decision has to be taken by the state government, say legal experts.
The NHRC has also directed the AP government to pay Rs 5 lakh compensation to the families of the victims as interim relief. NHRC had suo motu registered a case in connection with the killings. The Commission said that the AP government was reluctant to share basic information. Based on the background of the victims, the delay in registration of the FIR, the nature of weapons allegedly seized from the spot, the testimony of three witnesses, Mr Sekhar, Mr A. Balachandran and M. Illango, the NHRC made several observations.
Justice D. Murugesan of the NHRC said, “We have sent two teams to AP to record statements, reports have been called from the AP government. We recommended a CBI inquiry to the Centre and AP.”
“The victims were poor and their families are suffering from deprivation. The families cannot be allowed to starve and die, waiting for the enquiry by NHRC.” The AP government has been ordered to submit the report within eight weeks. The Chittoor district collector has been asked to take steps to disburse financial assistance to the dependents of ST victims and submit a report.
The statements of witnesses should be recorded under section 164 CrPC before a competent magistrate in TN, the Commission stated. The TN DG has been asked to provide adequate protection to the three witnesses and their families. Currently, a SIT headed by former inspector-general of NIA A. Ravi Shankar is probing the encounter case.
( Source : dc correspondent )
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