AUTHOR-Diksha Kuchiya
After Telangana encounter, another encounter is making rounds all over social media. Vikas Dubey, renowned criminal of up was killed in police encounter on July 10 morning when vehicle carrying him met with an accident and he tries to escape, police officers shot him dead after clash happened between Vikas Dubey and police officers ,sources reported.
But the statement given by officers is heavily opposed by experts as they alleged that the statements are unconvincing. In Vikas Dubey's encounter case the Uttar Pradesh police on Friday (July 17) gave their statement to Supreme Court stating that the encounter was done under the guidelines made by the court.
Whether it's fake or true, extra judicial killing or encounters made by police somehow questions the dignity and decisions of the judiciary.
POLICE ENCOUNTER RULES -
According to the guidelines of Supreme Court after People’s Union for Civil Liberties & Anr v. State of Maharashtra[1], guidelines were laid down by Supreme Court so that the proper, effective and independent investigation can be made for encounter killings-
1.Recording of information-whenever police receives any information regarding offence, it must be recorded either in writing or in electronic form
2. Registration of fir- police must register the fir on the basis of information and redirected it to the court.
3. Independent investigation- Eight minimum investigations have to be fulfilled by an independent CID team or team of police officers of another police station under surveillance of a senior officer.
4. Magisterial investigation: There must be compulsory magisterial investigation in encounter deaths and a report must be sent to the Judicial Magistrate.
5. Informing NHRC: The NHRC or State Human Rights Commission (as the case may be) must be immediately informed.
6. Providing Medical treatment: medical treatment must be provided to the injured victim/criminal and statement must be recorded by a Magistrate or Medical Officer along with the Certificate of Fitness.
7. Forwarding of FIR, Panchamas: FIR, panchamas, sketch, and police diary entries must be forwarded to the concerned Court without any delay.
8. Sending Report: After investigation, a report must be sent to the competent Court ensuring efficient and speedy trial.
9. Informing family or relatives: In the case of the death of an accused criminal, their family or relatives must be informed at the earliest.
10. Submission of Report: Bi-annual statements of all encounter killings must be sent to the NHRC by the DGPs by a set date in set format.
11. Taking disciplinary action: Amounting to an offence under the IPC, disciplinary action must be taken against the police officer who is found guilty of wrongful encounter and that officer must be suspended until investigation takes place.
12. Compensation: compensation must be provided to the dependants of the victim under section 357-A of CRPC.
13. Capitulating Weapons: The concerned police officers must capitulate their weapons for forensic and ballistic analysis under Article 20 of constitution.
14. Providing Legal Aid to Officer: Information regarding the incident must be sent to the accused police officer’s family, offering services of lawyer/counselor.
15. No awards or promotion: No promotion or awards shall be given to the officers involved in encounter killings soon after the event takes place.
16. Grievance Redressal: If the family of the victim makes a complaint to the Sessions Judge about delayed or improper investigation.
The concerned Sessions Judge having jurisdiction must look into the merits of the complaint and address the grievances raised therein.
The Court directed that these guidelines or rules must be strictly followed in all cases of death and grievous injury in police encounters by treating these guidelines as law under Article 141 of the Indian Constitution.
According to NHRC GUIDELINES 2010, if the police officer cannot justify the encounter killing and the death of the accused falls outside the jurisdiction of mentioned reasons. It can be categorized as crime and the police officer would be guilty of culpable homicide (an act which has resulted in a person's death but is held not to amount to murder).
Why are these guidelines and rules necessary?
When people celebrates encounter killings whether it’s done by Telangana police in Priyanka Reddy's case or encounter of Vikas Dubey, one must think that may be these encounter can be fake or staged also. These encounters create opinion in public minds about the abandonment of the rule of law (Article 14) that appears to have led to this encounter. People made perception about the rule of law or judiciary always delays in providing justice thus a strong law or rules are required to create strong belief in people mind about judiciary. Thus it’s the need of time to provide fair and legal procedure
Encounters are clear violation of article 21 -
According to Article 21 of the constitution -”No person shall be deprived of his life or personal liberty except according to a procedure established by law.”... It is a fundamental right and is available to every citizen .Even the State cannot violate that right. There are certain procedures that have to be followed for investigation that have been prescribed under law.
Hence, it is the duty and responsibility of the police, being the officers of State, to follow the Constitutional rights given to citizens and protect the Right to Life of every individual whether that person is innocent or not.
Similarly in encounters are also the reason-
This is not the first time encounters are questioned, In 2008 two accused were encountered in Telangana similar to encounter in Priyanka Reddy’s case, the manner in which the criminals were taken to the crime spot for recreating the crime scene and later police officers shooting them down in an alleged crossfire. Hence, to stop these repetitions, the rules and guidelines of court became necessary.
Legal framework-
There is no direct provision in law for encounter killings, all these encounters that take place are done in self defense by the police officer.
IPC sections 96 to 106, states the law related to the right of private defense of person and of property. Under section 96, every person has a right to private defense, which is natural and inborn right.
According to sec 100 of IPC, right of private defence of the body extends to causing death and sec 46 of Cr.P.C. lay down provisions regarding investigations in encounter killings and culpable homicides.
If the police officer found guilty of staged or fake encounter, he is charged under sec 299 of IPC i.e., culpable homicide and compensation have to be paid to family members of the accused
Is encounter killings justifiable?
Police officers has right to injure or kill criminals and offenders for the purpose of self defence or to maintain law and order when it is extremely necessary but No officer has right to injure or kill that person for personal motives. It is the responsibility of the state to encourage police force to remove antisocial elements but state must punishes the murderers disguised as police. And it's the responsibility of police to make sure criminals are punished according to the procedures established by law, so that faith and dignity of court must be restored.
[1] People’s Union for Civil Liberties & Anr v. State of Maharashtra, Criminal Appeal No.1255 OF 1999 (India).
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