The Delhi High Court on Wednesday virtually questioned the refusal of the Delhi Police to order a magisterial enquiry into the Batla House encounter.
The court said the adherence of National Human Rights Commission (NHRC) guidelines should not have been left to the discretion of any government authority.
Two alleged suspects involved in the September 13 serial blasts, and police inspector M.C. Sharma were killed in the October 19 encounter. The court was responding to the Lt. Governor’s refusal to sanction a magisterial probe mandated by NHRC guidelines.
“There would be a serious problem if it (following guidelines) is left to the discretion of a government authority. It would undermine the role of the commission”, a Bench headed by Chief Justice A.P. Shah said.
The court, on March 4, had asked the NHRC if any executive authority like the Governor had the power to ask the government not to follow its guidelines.
“No one would say that the terrorists killed in 26/11 died in an encounter. We won’t like to direct investigation in the case but we have an option to direct the commission to conduct an inquiry in the case,” the court said.