The Delhi High Court on Wednesday indicated that it could direct the National Human Rights Commission to conduct an inquiry into the Batla House encounter if government refused to follow the commission's guidelines of holding magisterial inquiry in such cases.
A bench comprising Chief Justice AP Shah and Justice Sanjiv Khanna said that Batla House encounter case stands on different footing as compared to the Mumbai terror attacks and government's reluctance to follow NHRC's guidelines would undermine the commission.
"No one would say that the terrorists killed in 26/11 (Mumbai terror attacks) 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 when the NHRC pleaded that it is mandatory to conduct magisterial inquiry when people are killed in a police encounter.
"There would be a serious problem if it (following guidelines) is left to the discretion of government authority," the court said, adding "It would undermine the role of the commission."
The court, however, did not pass any order even as the city government pleaded its ignorance about the commission's guidelines on the inquiry aspect.