CHENNAI: The CB-CID, which has formally taken over the investigation of the February 23 encounter at Velachery, will follow the guidelines set by the National Human Rights Commission on encounter killings and inquire whether the use of force against the accused was justified. The Crime Branch will submit its report to the Director-General of Police, TN, in eight weeks.The move follows the transfer of the case from the Velachery police to CB-CID after the NHRC sent a notice to the DGP, TN, the District Magistrate and Senior Superintendent of Police, Chennai, asking them to investigate the incident and respond within eight weeks along with the magisterial inquiry report, post-mortem report and independent investigation report as per the guidelines of the Commission. On Monday, a special team under Deputy Superintendent of Police Venkatraman with three inspectors and six sub-inspectors was constituted to investigate the encounter that took place on A L Mudali Second Street, Netaji Road, Velachery. A senior CB-CID official told Express the team would draw a “plan of action” and probe the shoot-out under the supervision of ADGP Narendra Pal Singh, IGP Manjunatha and DIG C Sridhar.The official said the team would probe whether the police were justified in their use of force against the suspects under Section 46(2) of the Code of Criminal Procedure, 1973 and Section 100 (Right of Private Defence) of the Indian Penal Code. Section 46(2) of CrPC says, “If such person (to be arrested) forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.” The provision also says that “nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.” Hence, the team would have to probe whether the action of robbing the banks by the accused persons would have been punishable with the death sentence or life term.The case would be investigated in the light of six circumstances under which the the right of self-defence under Section 100 of IPC, could be exercised, the officer said. “The special team will study the scene of crime, question the police personnel concerned, go into the identities of the accused persons, the forensic and post-mortem reports and the weapons used in the crime,” he added. “If the relatives of the deceased wish to record their statements before us, they are welcome to do so.”
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