NHRC tells J&K, Ladakh to inform it about custodial, encounter deaths

The National Human Rights Commission (NHRC) has asked the Union Territories of Jammu and Kashmir as well as Ladakh to intimate it about any custodial death within 24 hours and encounter death within 48 hours as per its guidelines.

NHRC Secretary General Jaideep Govind wrote to the Chief Secretary of Jammu and Kashmir and Commissioner Secretary of Ladakh in this regard on June 30.

In his letter, Govind asked them to pass instructions to the concerned authorities for compliance of all instructions issued by the NHRC to send all requisite reports, including post-mortem, videography and magisterial enquiry report in all custodial deaths and encounter deaths.

The erstwhile state of Jammu and Kashmir was not under statutory obligation to follow the mandate of the NHRC in view of protection given in respect of subjects mentioned in List II of VII Schedule of the Constitution (State subjects) in the Protection of Human Rights Act, 1993.

"But after the amendment of Protection of Human Rights Act in 2019, there is no prohibition of exercising jurisdiction by the Commission like in all other States and UTs. Therefore, it is incumbent upon the UT of Jammu and Kashmir to follow the guidelines issued by the NHRC in case of custodial and encounter deaths, (which) happened within the territory of UT of J&K," he said. Ladakh was also issued a similar instruction.

Jammu and Kashmir witnesses encounter killings due to terrorist activities, especially sponsored by Pakistan.

The NHRC move also comes against the backdrop of revocation of special status under Article 370 to the erstwhile Jammu and Kashmir and bifurcating into two Union Territories.