Batla House fit case for magisterial probe: NHRC
March 18th, 2009 - 9:56 pm ICT by IANSNew Delhi, March 18 (IANS) The National Human Rights Commission (NHRC) Wednesday told the Delhi High Court that a magisterial inquiry is mandatory in every case of death due to police action and the Batla House shootout was no exception.
It also said the Delhi Police was dragging its feet over conducting a probe into the Sep 19, 2008, gunbattle in which two alleged terrorists were killed.
The court was hearing NHRC’s view on whether a magisterial inquiry can be held into the Batla House shootout.
Counsel for NHRC submitted before a division bench headed by Chief Justice Ajit Prakash Shah and Justice Sanjeev Khanna that the commission relies on three basic criteria to conduct an inquiry like a post mortem report, inquest report and magisterial inquiry.
“And if these criteria are not there then permission from the court is sought,” the counsel for NHRC told the court, adding that a magisterial inquiry is a mandatory guideline and it should have been done in the Batla House case.
On this, the court pulled up Delhi Police on why the probe was not conducted even after six months of the incident, and said: “We have no option left but to ask the NHRC to conduct a magisterial inquiry so that no one can undermine the commission.”
Counsel for Delhi Police Mukta Gupta told the court that the entire study material of the case will be given to the commission in two weeks’ time.
The court, after giving time to Delhi Police, slated the matter for Apr 8.
The court was hearing a public interest petition filed by an NGO - Act Now For Harmony and Democracy - seeking a judicial inquiry into the Sep 19, 2008 firefight in which two suspected terrorists, allegedly involved in the Sep 13 Delhi serial bombings, were killed.
The two were suspected Indian Mujahideen terrorists, Atif Ameen and Mohammed Sajid. The police also arrested Mohammed Saif and Zeeshan for the serial bombings in the capital.
The Batla House shootout took place a week after serial bombings rocked the capital killing 26 people and injuring 13 others.
- Batla House shootout: Court paves way for trial (Lead) - Feb 15, 2011
- Court seeks response from NHRC on Batla House shootout - Mar 04, 2009
- NHRC insists on magisterial probe into Batla House shootout - Apr 15, 2009
- No further probe into Batla House shootout: Court (Lead) - Aug 26, 2009
- Truth behind shootout must come out: court - Apr 08, 2009
- Court favours independent probe into Batla House shootout - May 14, 2009
- Probe Batla House shootout for 'transparency': high court - Apr 23, 2009
- Jamia teachers protest NHRC's clean chit to police in shootout - Jul 24, 2009
- Chidambaram rebuts Digvijay, says Batla House shootout genuine (Lead) - Jan 12, 2012
- Apex court says no to probe into Batla house killings (Lead) - Oct 30, 2009
- Rights panel gives clean chit to police in Delhi shootout - Jul 22, 2009
- Trial to begin in Batla House shootout case - Feb 15, 2011
- Want justice for Batla house accused, says Digvijay - Jan 12, 2012
- Want justice for Batla house accused, says Digvijay (Second Lead) - Jan 13, 2012
- Court's no to another probe into Batla House shootout (Second Lead) - Aug 26, 2009
Tags: ameen, batla, commission counsel, delhi high court, delhi police, division bench, giving time, gunbattle, human rights commission, inquest report, judicial inquiry, magisterial inquiry, mukta, national human rights commission, post mortem report, prakash shah, public interest petition, sajid, sanjeev khanna, zeeshan