Semmaram Encounter Killings Fact Finding Report2
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Tamil Research Institution (TRI)<br />
d) there were deposits of gunshot residue around the corresponding bullet holes<br />
on the clothes worn by the deceased;<br />
e) the bullets recovered from the bodies had been fired from the police weapons<br />
sent to the laboratory, and if so which bullet had been fired from which<br />
weapon;<br />
f) there was evidence of the presence of poisons, opiates or alcohol in the<br />
viscera;<br />
g) ballistics tests had established that the firearms recovered were in working<br />
order, had been recently fired, and if the spent cartridges recovered had been<br />
fired from these;<br />
h) these firearms, which should be precisely described, were factory-issue or<br />
country made, with an indication of the maximum range at which they could<br />
engage a target;<br />
i) any damage noted on the uniforms worn by the policemen was caused by<br />
bullets, other sharp objects or blunt instruments, and if any bloodstains found<br />
on these matched those of the policemen concerned.<br />
7.1.5. all material evidence returned by the laboratory after testing would be held<br />
in the custody of the investigators, and its integrity maintained, until the NHRC or<br />
any other High Court and the Supreme Court which is dealing with matters<br />
related to the action have specifically informed the State government that the<br />
case had been closed on its files.<br />
8.0. THE JUDICIAL MAGISTERIAL ENQUIRY<br />
8.1. The enquiry now statutorily mandated to be conducted by a Judicial Magistrate under<br />
sec Sec 176 (1- A) of the Criminal Procedure Code. shall be must be conducted in all cases<br />
of deaths arising out of police action.<br />
8.2. In all such enquiries under Sec 176 (1-A) the Judicial Magistrate shall also ensure that<br />
such cases are given priority and handled on a day today basis and as far as possible<br />
completed early but definitely within a period of 60 days. Any delay in completing the enquiry<br />
within the specified period shall require the said Judicial Magistrate to provide an explanation<br />
to the High Court’s protocol judge responsible to monitor the affairs of the district in his/her<br />
monthly report with a copy marked to the NHRC.<br />
8.3. All Judicial Magistrates conducting enquiries under Sec 176(1-A) of the Cr.P.C. in cases<br />
of police action shall ensure that a copy of their final report of the enquiry with copies of all<br />
documents that they relied upon shall be sent to the Chairperson of the NHRC without any<br />
delay whatsoever with a copy to his /her superior officials in the judiciary.<br />
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