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EXTRA JUDICIAL KILLINGS: JUSTICE OR INJUSTICE?

Author: Khuloos Aziz Chawla, V year B.Com.,LL.B.(Hons.) from Amity Law School, Noida, AUUP.


Extra-Judicial Killing is a boiling frog syndrome that will lead to the absence of light and injustice. So, the new trend which is being followed by police is “Why to bother spending months digging for evidence and hunting up in the heat; when the case can be settled just with the bullet?”. The new concept which is coming up forth is leading to the ease of cases and hampering faith in-laws and judiciary. The laws are meant for the benefit of people. Encounters might appear as the bold move but in reality, it is taking the laws in one’s hand other than in case of exception.


The concept of rule of law and life, both have been casualized. Moral submissions are not the grounds for what happened with Vikas Dubey. He was one of the most wanted and notorious criminals who was shot dead by police in Extra-Judicial Killing, for their Self-defense as regarded by the police. It is indeed the right of police under Section 96 of the Indian Penal Code and Section 46 of Criminal Procedure Code that is the police force has the right to injure or kill the criminal, for the sole and only purpose of self-defence or where it is imminently necessary for the maintenance of peace and order, but it is now being misused and has become the Parade of Horrible. Even the police are obeyed out of fear and public respect for laws and courts has diminished, despite the fact they should have respect for laws and faith in the judiciary. The police forces are often rewarded and awarded with promotions, cash incentives and medals for encounters. They are given heroic treatment for their work and hero-worshipping; this was well witnessed in the case of a Hyderabad Veterinarian Doctor who was raped and killed by 4 men. These accused persons were taken to the same spot where the crime took place for investigation and there they were killed in an encounter for the self-defence of police. According to one of the RTIs which was filed, it was discovered that 1782 cases of the fake encounter were registered between the period of the year 2000 to 2017. It is the burning issue against police brutalities and there is an immense need for sensitization. The constitution of India intended to be a country governed by rule of law which has various procedures prescribed for criminal investigation. There are also various rights mentioned in Indian law that give rights to the accused person such as Article 20 (2), Article 20 (3), Article 22 and also other sections such as Section 57 and Section 273 of the Criminal Procedure Code. It is also embedded under Article 21 which states the Right to life and personal liberty, which is a fundamental right that cannot be abrogated even by the state. The Supreme Court in the recent case in 2014 in the judgement of PUCL vs State of Maharashtra 2014 came across various writ petitions which dealt with the questioning of the genuineness and authenticity of 99 encounters or extra Judicial Killings which took place in Maharashtra in which 135 alleged criminals were shot dead between 1995 and 1997. The apex court laid down the 16 pointer guidelines which are to be followed as the standard procedure in such cases. The two points out of that 16 pointer guidelines which I think are most relevant I would like to highlight, that an independent body shall be made for the investigation in such matters, like CID and the other one is that the same matter shall be informed to National Human Rights Commission on the immediate basis.


It is well said that ‘Let Hundreds of the Criminals go unpunished but never punish an innocent person’.From this slippery slope which heads straight to the infinite path of darkness, we are leaving behind what we were taught in school that is the foundations of the republic which is our law. I would like to conclude hereby saying that we need to realize that there is a need for complete rebuilding of the police reforms. The police officials or any other officers in the competent authority should be given better training and they should be well equipped with relevant skills so that they can effectively tackle every dreadful situation. Lastly, the Human Rights of an individual shall also be kept in mind while dealing with such arrested persons and consider the humanitarian grounds for every person on earth whether he or she is proved or proven to be a criminal.


Reference:

1. https://www.firstpost.com/india/nhrc-registered-1782-fake-encounter-cases-between-2000-2017-uttar-pradesh-alone-accounts-for-44-55-4332125.html

2. https://indiankanoon.org/doc/25812914/


Author's Biography

I’m the law student, who is really interested in content writing specially on socio-economic issues. I have more than 10 publications in the authorised journals and I’m the scholarship student from my institute.