Annual Report - National Human Rights Commission

Complaints Before the Commission
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4.129 Baby Vineetha (minor) represented by her father, Balan, along with seven others
filed a Writ Petition (C) No. 35533/2004 before the High Court of Kerala against the NHRC,
the Director, CBI, New Delhi and six other respondents praying for issue of a writ of
Mandamus directing the NHRC to invoke its powers under section 13 and 14 of the Protection
of Human Rights Act, 1993, to constitute a special investigation team to entrust the
investigation of incidents pertaining to the atrocities committed by the Kerala Police personnel
against the petitioner and other tribal children in Wyanad District on or after 19-2-2003, to
book the culprits and to prosecute them in accordance with law. A further prayer had
been made for issue of Writ of Mandamus for awarding Rs. 10 lakhs as compensation
under public law remedy and to recover the amount of compensation from the guilty
police personnel.
4.130 While considering the matter on 28/3/2005, the Commission observed that since the
report of the CBI was under consideration by the Hon’ble High Court, the Commission could
not examine the report and it was not possible to carry out any further investigation by the
Commission in accordance with the procedure prescribed under the Code of Criminal Procedure
and the scheme of the Protection of Human Rights Act, 1993. The matter was still pending
consideration before the High Court at the time of writing of the Annual Report.
21. Allegations of death, rape and torture of tribals as a result of actions of the
Joint Task Force set up by the Governments of Tamil Nadu andKarnataka to
apprehend Veerappan and associates. (Case No.222/10/97-98, Case No.534/22/97-
98, Case No. 795/22/97-98, Case No. 249/10/97-98, Case No. 79/10/99-2000)
4.131 The Commission in its Annual Report for the year 1999-2000 had reported about a
number of communications, both from individuals and from NGOs, concerning activities of
the sandal wood smuggler, Veerappan and efforts of the Joint Special Task Force (JSTF) of
the States of Tamil Nadu and Karnataka to apprehend him. A constant theme
in the communications and complaints received by the Commission had been the harassment
caused to the villagers and tribals in the area of operation of the JSTF and the violation of their
human rights.
4.132 The Commission, while expressing serious concern about the efforts to apprehend
Veerappan resulting in frequent complaints that innocent villagers and tribals, living in the area
of operation of the JSTF, were subjected to serious violations of their human rights, felt the need
for the constitution of a panel of two eminent persons and accordingly, vide proceedings dated
28-6-99, constituted a panel comprising of Justice Shri A. J. Sadashiva, former judge of the
High Court of Karnataka and Shri C. V. Narasimhan, former Director of CBI as member of
the panel.
4.133 On 02.12.03, Justice Shri A.J. Sadashiva Panel submitted its report to the Commission.
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