Allow Cookies!
By using our website, you agree to the use of cookies
Into the Lengthy list of Extrajudicial killings one more from recent happening adds on to it. In past midnight July 2nd Brahmin Pride, a 'tiger' to upper-class, Vikas Dubey was the sixth man to die in a police encounter after his hide and seek game with police personnel on highway in Kanpur barely 22km from his home turf. A week after Vikas Dubey and his men killed several policemen in Kanpur village leaders across the nation landed Uttar Pradesh police for Vikas Dubey encounter, but there were many questions popped up such as how did he reach Ujjain? What about those protecting Dubey? However, Extra Judicial Killings are recurring despite Courts guidelines and NHRC's Guidelines.
On What Grounds Police Personnel Can Execute
India laws do allow civilians and police personnel to kill another person, provided it is an act of self defense. Which now includes ambiguity since police personnel are executing criminals and claiming it self defense.
Section 100 of IPC clearly states 6 circumstances which empower a person to kill another on account of self defense out of which three are relevant to current matter.
Section 46 of code of criminal procedure, which detaining how an arrest may be executed says:
" If such persons forcibly resists the endeavor to arrest him or attempts to evade the arrest , such police officer or other person may use means necessary to effect the arrest". However sub-clause 3 of the same section says " Nothing in this section gives right to cause death of a person who is not accused of an offence punishable with death/imprisonment for life".
Primarily there exists Art 21 of the constitution which says " No person can be deprived of his life without due process of law".
In 2014 the Supreme Court also cited its earlier judgment that " Art 21 guarantees personal liberty to every single person in the country which includes the right to live with human dignity'.
If neither of these circumstances arise, but police personnel uses exceeding his capacity then the encountered will not be justifiable and the concerned person may be guilty of culpable homicide depending upon the fact established.
Instances of Extra Judicial Killings
Hyderabad police personnel encountered four men who committed rape and murder of young Veternarian lady. Families moved the supreme court seeking CBI probe into the encounter, on December 12th the court set up an inquiry commission led by former judge Justice V.S.Sirpurkar, Bombay HC Judge Rekha Baldota and retired CBI director Karthikeyan to submit its within six weeks time.
Three accused who three acid on two engineering students were killed in encounter the police under direct supervision from superintendant of police. This incident marked the beginning of 'instant justice'.
In 1998, 13 activists were killed in encounter at Kopardaug. Andhra Pradesh police overstepped their jurisdiction entered Orissa used bombs to attack the naxalites in due course some activists were killed.
In span of two decades between 1979 and 2012 there were 1,528 extra judicial encounter deaths in Manipur by Army/Parliamentary forces, Assam Riffles and Manipur police on the ground National Security.
Observations made by the court in this regard
In B G Verghese vs Union of India a matter pertaining to Gujarat riots where petitioner prayed for 22 cases of police encounter between 2003 and 2006. Inquiry was set up which submitted its report in 2018 giving a clean chit to then govt. The matter is yet to be listed after filing rejoinders to the report.
In the case PUCL Vs State of Maharashtra, 2014 then division bench held that it is imperative that extra judicial killings are properly and independently investigated so as to serve the justice. Bench in its order to determine the delinquent officer. 16 guidelines were mere an add on to NHRC's earlier issued guidelines which will be discussed below.
Whereas in Hyderabad's encounter case the report hasn't been submitted yet on which the court relies to adjudicate the matter.
Observations made by NHRC
In 1997, then chairperson of NHRC, Justice M N Venkatachaliah issued certain guidelines as to what state and UT's have to follow. Guidelines are as follows:
In 2010 NHRC bought in some more guidelines in addition to the above guidelines.
In conclusion NHRC's explanation on false encounter extra judicial killings at times occur due to the pressure from political bosses to show quick results and service instant justice. It also suggest that public are also major influences for the officers to take the law into their hands.
86540
103860
630
114
59824