Written By- Ayesha Adyasha and Swati Mishra
“This Court has in recent times come across far too many instances where the Police have acted not to uphold the law and protect the citizens but in aid of a private cause and to oppress the citizen. It is a trend that bodes ill for the country and it must be promptly checked.”[1]
Introduction
As we delve into this topic which has been in the spotlights lately, one should know what a Police Encounter actually is. A police encounter occurs when there is a sudden and violent (mostly) confrontation between the police and criminals. “Fake Encounters” or “Extrajudicial Killings” as we know, are acts of violence on part of the police, i.e., the agency that enforces the law, without abiding by the rule of law. These acts are orchestrated in a manner where the work is done without raising any suspicion.
The Kanpur encounter case of a notorious gangster Vikas Dubey had shaken the media a few days back. According to Uttar Pradesh ADG law and order Prashant Kumar, after the police car overturned, Dubey started to run after grabbing a gun from an injured cop. When the police team caught up with him and asked him to surrender, he denied and started firing shots after which he was killed in the crossfire. The most interesting fact about this ‘encounter’ was that before a day of his death, a petition had been filed in the Apex Court wherein the Advocate had pointed out a high possibility of Vikas Dubey’s fake encounter as he was the key to many political secrets. How was this petition filed fearing the very incident that happened a day after? Was it really filed out of concern for Vikas Dubey or as a part of a plan?
Most ‘controversial’ fake encounters in India
Other than Vikas Dubey’s case, India has been an abode to many ‘controversial’ fake encounters – ranging from the extrajudicial killings of the rapists/murderers of Hyderabad circa 2019 to Sadiq Jamal’s encounter in 2003.
- The encounter of the rapists/murderers of Hyderabad- The Telangana police in December 2019 killed four men who were accused of the gang-rape and murder of a veterinarian Dr. Priyanka Reddy in Hyderabad.
- Jail Encounter of Bhopal- Eight people bearing a connection to an Islamic Movement had escaped Bhopal Central Jail in 2016. They were asked to surrender, in reply to which they started firing at the police as well as the public. So, the police had to put them down. But many questions were left unanswered- How did they escape? How did they get their hands on those weapons?
- Manipur Encounter case- Four policemen, one of who was an inspector, surrendered before the Magistrate in February this year regarding a case of alleged encounter of a man named IrengbamRatankumar circa 2010.
- Batla House- This encounter even has a movie of the same name. In this case, an operation was led by one Mohan Chand Sharma for gathering certain information. Unfortunately, this evolved into a shootout where two alleged Indian Mujahideen terrorists were put down, along with Sharma. The controversial fact here is that the post-mortem report of the victims was dated two days prior to when the case was to be investigated by the Court. Moreover, this report was not even included in the report by the National Human Rights Commission (NHRC).
- Lakhan Bhaiya Encounter- This incident took place in 2006 wherein the accomplice of gangster Chhota Rajan was killed in an alleged encounter by the Mumbai police.
- Sohrabuddin Sheikh and Tulsiram Prajapati- Sheikh was a wanted extortionist and Prajapati was his associate. Sheikh was traveling with his wife when they were intercepted and taken to a secluded farmhouse on the outskirts of Ahmedabad. From there, he was taken and killed on the grounds that he was a terrorist who was planning to attack Narendra Modi. Prajapati was also killed after a while.
- Lashkar-e-taiba – Ishrat Jahan, a nineteen-year-old was killed amongst three others in a so-called encounter in 2004 on the ground that he was a member of Lashkar-e-tail planning to attack Then Gujarat Chief Minister Narendra Modi.
- Sadiq Jamal- This person was killed by the Gujarat Police as he was allegedly planning to kill Narendra Modi and some other political leaders. As per the CBI Investigation conducted, he was killed under the shadow of an encounter.
Legal Provisions for Encounters
Indian Penal Code embodies various sections which include the Right to Private Defence. As per these provisions (Sections 96-106), one has the right to protect their body and property and this right also extends to protecting the body and property of their neighbor, i.e., the person close to them.
Section 47 of CrPC (Criminal Procedure Code) also imparts power to the police to engage forces in activities that can lead to the death of the person if he/she has been charged with crimes that are punishable with a death sentence or life imprisonment.
Moreover, Section 102 of IPC also says that the force applied should subsist as long as the danger to one’s life and property exists, and not beyond that.
Article 6(1) of the ICCPR(International Covenant on Civil and Political Rights) talks about the “inherent right to life” and that “no one shall be arbitrarily deprived of his life”.
The Indian Constitution provides for the right to life with personal dignity and liberty under the ambit of Article 21.
Section 300(3) of IPC states that if any public official “exceeds their power” to cause the death of a person which they believed mandatory to discharge his duty, then he/she will not be liable for murder.
Section 46(2) of CrPC provides that if any man tries to escape from being arrested, the person in charge of arresting shall use force necessary to make the arrest.
Landmark Judgments
The Apex Court in the case of Public Union for Civil Liberties v. State of Maharashtra (decided in 2014) had held that extrajudicial killings ought to be independently looked into to ensure that justice prevails.
In the case of R. S. Sodhi v. State of U.P [2] the Court held that the case had to be investigated whether deaths are caused by a fake encounter or a real one and handed it over to the CBI.
The Court observed in the case of Prakash Kadam v. Ramprasad Vishwanath Gupta [3] that:
“We warn policemen that they will not be excused for committing murder in the name of `encounter’ on the pretext that they were carrying out the orders of their superior officers or politicians, however high. In the Nuremberg trials the Nazi war criminals took the plea that `orders are orders’, nevertheless they were hanged. If a policeman is given an illegal order by any superior to do a fake `encounter’, it is his duty to refuse to carry out such illegal order, otherwise he will be charged for murder, and if found guilty sentenced to death. The encounter’ philosophy is a criminal philosophy, and all policemen must know this. Trigger happy policemen who think they can kill people in the name of `encounter’ and get away with it should know that the gallows await them.”
Fake Encounter Statistics
As per NHRC’s last issued annual report for the year 2017-2018, 164 deaths had been caused due to police encounters. The State-wise statistics are as follows:
- Assam- 57
- Uttar Pradesh- 18
As per a manual for human rights for police officers issued circa 2011, it was claimed by NHRC that there were 712 police encounter cases between 2000-2007, with the state-wise statistics as follows:
- Uttar Pradesh- 324 (highest)
- Gujarat- 17 (lowest)
Conclusion
Police brutality and extrajudicial killings are like cancer which are corrupting our country from within. In India the police is a law unto itself- and this attitude must be discouraged. These incidents are even glorified by the citizens who have no idea what they are promoting. When the law enforcers become the law breakers, where will the public go to report their grievance? Who shall ensure that justice is served? Who shall resolve their issues?
Speedy justice is the need of this hour. Extrajudicial killings are nothing more than a joke in the face of the law. People will lose faith in the legal system if this continues for long. Police should not be allowed to take matters into their own hands under the guise of protecting welfare. There is an imminent need to amend our criminal justice system to ensure that rule of law prevails over such arbitrariness.
[1] Inder Singh v. State of Punjab,(1995) 3 SCC 702
[2] R. S. Sodhi v. State of U.P,1994 AIR 38
[3] Prakash Kadam v. Ramprasad Vishwanath Gupta,(2011) 6 SCC 189
