The Delhi High Court said the city Government's reluctance to conduct a magisterial inquiry into the controversial Batla house encounter might increase suspicion on the police version in the case and suggested it to conduct the probe.

"The more the government harden its stand , the more suspicion it might create," a bench comprising Chief Justice A P Shah and Justice Neeraj Kishan Kaul said when the Additional Solicitor General vehemently opposed the idea of conducting the probe in the case in which two suspected terrorists and a police inspector were killed.

"It is to bring transparency by conducting such an inquiry....This is the minimum protection (against human rights violations)," the court said and asked the ASG to take instruction from the government on the issue.

The court, however, made it clear that the report of the inquiry, if conducted, would not be used for any other proceeding and would be submitted before the NHRC which would decide on further course of action on the basis of finding.

"Take instruction from the government. The inquiry is only a fact-finding exercise and its report would not be used by any other body. NHRC will look into the report and would decide what is to be done," the court said while adjourning the matter for May 4.

At the beginning of the proceedings, the government and the National Human Rights Commission were at loggerheads as the ASG contended that the Commission can't force the government to hold a magisterial inquiry in the case.

... contd.