In 2003, Justice Anand had written to the chief minister: “Death during the course of police action is always a cause of concern to a civil society... the police do not have a right to take away the life of a person. If, by his act, the policeman kills a person, he commits an offence of culpable homicide or not amounting to murder, unless it is established that such killing was not an offence under the law.”

NHRC guidelines
* Entry in “appropriate register” by police officer in charge
* When officers of same police station form the encounter team, probe on the deaths should be given to an independent agency, like the state Crime Branch-Criminal Investigation Department (CB-CID)
* In case police action makes out to be cognizable case of culpable homicide — to be investigated by CB-CID
* Magisterial inquiry must be held in all cases of death in course of police action. The next of kin of deceased must be associated in such inquiry
* Prompt prosecution and disciplinary action against delinquent officers found guilty in magisterial enquiry/police probe
* Question of granting compensation to dependents of the deceased would depend on facts and circumstances of each case
* No out-of-turn promotion or instant gallantry rewards to be bestowed on officers concerned soon after an encounter
* A six-monthly statement of all cases of deaths in police action in a state shall be sent by state DGP to NHRC

(As per NHRC website)