Semmaram Encounter Killings Fact Finding Report2

Tamil Research Institution (TRI)
mandate for a magisterial enquiry to be held within three months. The guidelines also
prescribe the manner in which the post-mortem examination is to be conducted. The
guidelines’ specifically state that all deaths in police action shall be reported to the
Commission by the Senior Superintendent of Police/ Superintendent of Police within 48
hours. It is not clear whether the same has been complied with and report received by the
NHRC.
These guidelines have been upheld and reiterated by the Hon’ble Supreme Court of India in
PUCL v. State of Maharashtra (2014) 10 SCC 635.
The ‘UN Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials’ lays down detailed guidelines on instances of encounter killings. It clearly directs
the police officials to exercise restraint in use of force and firearms and act in proportion to
the seriousness of the offence and the legitimate objective to be achieved causing minimum
damage and injury, and respect and preserve human life.
The testimonies of the two witnesses, who have been presented before this Hon’ble
Commission by Mr. Henri Tiphagne and Advocate Vrinda Grover, prima facie demonstrate
that this incident is one of cold blooded murder by the police. From their testimonies it
becomes clear that the victims were initially abducted by Police officials, and then murdered
while in custody, after which their bodies were placed at the scene of offence to give the
appearance of an encounter conducted in self-defence.
There is an urgent need for a credible enquiry to be conducted into the incident since there
is an apprehension that the Andhra Pradesh Police which has a long history of impunity will
not conduct a fair and unbiased investigation into the matter.
Further, given the nature of the crime where 20 ordinary poor labourers, the profile of the
perpetrators, the political contours of this case and the inter-state tension and friction that
has emerged after the incident, that the investigation should not be conducted by the Andhra
Pradesh Police, but instead in a time bound manner, by an SIT comprising of handpicked
senior Police Officials from different Cadre and which is monitored by the Supreme Court.
We pray to the Hon’ble National Human Rights Commission of India to: –
1. Record the oral statements of the two witnesses, Mr.Sekar and Mr. Balachandran in
its presence and take them on record.
2. Direct that adequate and appropriate protection, including police protection be
provided to the three witnesses, Mr. Sekar, Mr. Balachandran and Witness 3 as well
as their families. As People’s Watch has been facilitating the witnesses’ submission
before the hon’ble NHRC, the NHRC direct that necessary legal aid and shelter
required by the three witnesses be provided by People’s Watch.
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