"NHRC should not think that its guidelines are mandatory and if it is not satisfied with the probe conducted by Delhi Police then it should go ahead with its own inquiry but it cannot direct us to hold a magisterial inquiry," Subramanium said.

The Commission, on the other hand, submitted it required a report of a magisterial inquiry to proceed further as it was not possible to conduct the probe all over the country in all such cases in which people get killed in police action.

"Inquiry conducted by the crime branch is not a substitute for a magisterial probe. Speculation is going on for the last many months pertaining to this case. We are asking for transparency and accountability," advocate Shobha, appearing for NHRC, said adding a magisterial inquiry would not have demoralising impact on the police force, as argued by the government earlier.

Countering the arguments, the ASG said "the Commission must do what is supposed to do on its own. What it has to do cannot be done by an executive magistrate. If the commission is short of people it should go to Parliament".

Earlier, the NHRC had told the court that a magisterial probe into the encounter is a "must" and the government should not shy away from it arguing mere holding of the inquiry does not mean the encounter is fake.

Earlier, Delhi's Lieutenant Governor had refused to allow a magisterial inquiry into the encounter on the ground that it would demoralise the police force. "If every bullet fired is going to invite a magisterial inquiry or murder case, the officers will avoid carrying weapons and a young man in the country will avoid joining police. If this message goes around in the criminals, total chaos is not far away," the police had said.

... contd.