So inquiry is maintainable at this stage.'
Bhushan also said: 'This incident has shaken the confidence of one particular community in the society and the NHRC's probe is adding to their concern. It is not an ordinary encounter. So it is necessary that inquiry should be conducted.'
The NHRC had in its report in July given a clean chit to the police in the south Delhi shootout, but the NGO has termed the probe as 'not fair'.
The court also issued notice to the Press Council of India asking for laying down guidelines on how the media should cover such an incident, and slated the next hearing Oct 21.
'Media plays a very important role in disseminating information but these days media is conducting a regular trial which affects the mindset of judges who also adopt the approach that their case should not be seen in a bad light. It is a very thin line and it should be maintained,' the bench said.
The court was referring to an interview of one of the suspected militants published after he was arrested.
Two suspected Indian Mujahideen terrorists were killed in the gun battle. 'Encounter specialist' police inspector M.C. Sharma also lost his life in the shootout.
It was alleged that police had staged the incident to ward off pressure after serial blasts in Delhi had killed 20 people a week before.