encounter or extrajudicial killings by legal authorities

Encounter in general terms means that  police un desirable meet with the criminals where they have no other option than killing of criminals. The question is that which conditions means undesirable meet ?  The term encounter becomes the most hot words in 20^th century between 1975-1998 . where more than thousand plus encounters had been done by the police officials . at that time Mumbai , Gujarat , Andhra Pradesh and Manipur were the leading states of encounters. Now after the NDA government in uttar Pradesh lead by the yogi aditya nath chief minister more than 1600 encounters were done by the security agencies in between 2017 to current date.

Police powers to kill..

Police and other security agencies have no power to kill even a proved offender . there is a rule of law prevailing in India. Which means functionaries of the state as well as citizens according to law of land ‘constitution’ .

In India , rule of due process of law was formulated after the maneka Gandhi vs union of india case . where supreme court suggests the equity over the procedure established by law. Which means whenever the procedure of any law violates the fundamental rights of the citizens , such procedures shall not be prevail. Due process of law also applicable upon criminals or under trials. The procedure in a recent years adopted by the security agencies is against the equity and rule of law. Where its principles are demolished years by years.

When police have powers to kill ?

According to guidelines of supreme court formulated in 2014 in a writ petition case and national human rights commission in various case. Police having to right to kill in the case or conditions of self defence . when there is no  option available than to attack criminals. Only in self defense.

Supreme court guidelines ………

In the PUCL vs State of Maharashtra case (2014), the SC was dealing with writ petitions questioning the genuineness of 99 encounter killings by the Mumbai Police in which 135 alleged criminals were shot dead between 1995 and 1997.formulated these guidelines…..

1.       Whenever police receive tip / information about the criminal or offences . police officer shall write down in writing electronic/hand written the information without revealing the details of the suspect.

2.       After encounter ,FIR shall be lodge by the encounter police officials with the accurate facts.

3.       Such report shall be enquire and probe by the magistrate.

4.       Same reports shall be deliver to NHRC and SHRC.

5.       Details of encounter shall be inform to kins of the deceased.

6.       Encounter shall be probe and enquired by the other agencies like CID or other police station officers.

7.       In case where police found guilty. Disciplinary actions shall be taken against police under provisions of IPC and police act.

8.  Grievance Redressal: If the family of the victim finds that the above procedure has not been followed, then it may make a complaint to the Sessions Judge having territorial jurisdiction over the place of incident. The concerned Sessions Judge must look into the merits of the complaint and address the grievances raised therein.

9.        The Court directed that these requirements/norms must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of the Indian Constitution.

 

 

What if police are guilty unintentional killing ?

 

When the police kills the offender / under trial accused or convicted offender unintentional without any justification they shall be liable for culpable homicide not amounting to murder u/s 300 of IPC. according to exception 2 of murder where it provides that when the death caused by the public servant while performing his duty without intention and exception 3 That the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation.—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact

ABOVE MENTION PROVISIONS OF IPC suggest the killing of police officers as the offence of culpable homicide which is not murder.

 

Judicial reforms needs?

What about in the case of fake encounters . not in recent case . fake encounters issues rise from the early 90’s . what in those cases where killing of criminal is planted . by demolishing the due process of law , rule of law and article 21. According to current situation in india where police killings surpassing the limits there’s a need of judicial reforms. Those police officials or even upper authorities must be guilty of murder not for culpable homicide in the cases of fake encounters.

Section 27 of evidence act as a tool.

Police and other agencies used section 27 of evidence act as a tool . section 27 of evidence acts means that facts inference by the accused which results in the discovery of objects [physical] shall be admissible in the court .

In recent case of telangana rape case of veteran female doctor by 4 accused . 4 accused were killed by the police officials saying that while discovery of object under section 27 of evidence act to collect evidence they tried o escape from custody . one of them snatches pistol and fired shot . at instance police in self defense killed all of four.

Not only in telangana case , section 27 plays a very tricky tool used by the police officials from the beginning.

Nation top cases of encounters….

1.      Manya surve , we all know him due to movie made by the ekta kapoor named as ‘shoot out at wadala. Gangster manya surve was the first case of encounter highlighted in nation . encounter did by the police in kirti college.

2.      Batla house . most controversial encounter in the locality of old okhla residencies. Where the killing of students are protested by the student unions , bollywood as well as in parliament.

3.      Veerappan , the elephant man and coordinator of liberation of tamil tiger ilem gang in india killed by the Andhra Pradesh special task force.

Conclusion……

There is no degree which measures the authenticity of the encounter because no one is available at the encounter spot to check the legality of it. Fake encounters violates right to life of accused or under trials. To avoid these abuse of power by police. There is a need of rigid guidelines and strict laws which formulates the enquiry and trial of police for giving justification .

Encounter in general terms means that  police un desirable meet with the criminals where they have no other option than killing of criminals. The question is that which conditions means undesirable meet ?  The term encounter becomes the most hot words in 20^th century between 1975-1998 . where more than thousand plus encounters had been done by the police officials . at that time Mumbai , Gujarat , Andhra Pradesh and Manipur were the leading states of encounters. Now after the NDA government in uttar Pradesh lead by the yogi aditya nath chief minister more than 1600 encounters were done by the security agencies in between 2017 to current date.

Police powers to kill..

Police and other security agencies have no power to kill even a proved offender . there is a rule of law prevailing in India. Which means functionaries of the state as well as citizens according to law of land ‘constitution’ .

In India , rule of due process of law was formulated after the maneka Gandhi vs union of india case . where supreme court suggests the equity over the procedure established by law. Which means whenever the procedure of any law violates the fundamental rights of the citizens , such procedures shall not be prevail. Due process of law also applicable upon criminals or under trials. The procedure in a recent years adopted by the security agencies is against the equity and rule of law. Where its principles are demolished years by years.

When police have powers to kill ?

According to guidelines of supreme court formulated in 2014 in a writ petition case and national human rights commission in various case. Police having to right to kill in the case or conditions of self defence . when there is no  option available than to attack criminals. Only in self defense.

Supreme court guidelines ………

In the PUCL vs State of Maharashtra case (2014), the SC was dealing with writ petitions questioning the genuineness of 99 encounter killings by the Mumbai Police in which 135 alleged criminals were shot dead between 1995 and 1997.formulated these guidelines…..

1.       Whenever police receive tip / information about the criminal or offences . police officer shall write down in writing electronic/hand written the information without revealing the details of the suspect.

2.       After encounter ,FIR shall be lodge by the encounter police officials with the accurate facts.

3.       Such report shall be enquire and probe by the magistrate.

4.       Same reports shall be deliver to NHRC and SHRC.

5.       Details of encounter shall be inform to kins of the deceased.

6.       Encounter shall be probe and enquired by the other agencies like CID or other police station officers.

7.       In case where police found guilty. Disciplinary actions shall be taken against police under provisions of IPC and police act.

8.  Grievance Redressal: If the family of the victim finds that the above procedure has not been followed, then it may make a complaint to the Sessions Judge having territorial jurisdiction over the place of incident. The concerned Sessions Judge must look into the merits of the complaint and address the grievances raised therein.

9.        The Court directed that these requirements/norms must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of the Indian Constitution.

 

 

What if police are guilty unintentional killing ?

 

When the police kills the offender / under trial accused or convicted offender unintentional without any justification they shall be liable for culpable homicide not amounting to murder u/s 300 of IPC. according to exception 2 of murder where it provides that when the death caused by the public servant while performing his duty without intention and exception 3 That the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation.—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact

ABOVE MENTION PROVISIONS OF IPC suggest the killing of police officers as the offence of culpable homicide which is not murder.

 

Judicial reforms needs?

What about in the case of fake encounters . not in recent case . fake encounters issues rise from the early 90’s . what in those cases where killing of criminal is planted . by demolishing the due process of law , rule of law and article 21. According to current situation in india where police killings surpassing the limits there’s a need of judicial reforms. Those police officials or even upper authorities must be guilty of murder not for culpable homicide in the cases of fake encounters.

Section 27 of evidence act as a tool.

Police and other agencies used section 27 of evidence act as a tool . section 27 of evidence acts means that facts inference by the accused which results in the discovery of objects [physical] shall be admissible in the court .

In recent case of telangana rape case of veteran female doctor by 4 accused . 4 accused were killed by the police officials saying that while discovery of object under section 27 of evidence act to collect evidence they tried o escape from custody . one of them snatches pistol and fired shot . at instance police in self defense killed all of four.

Not only in telangana case , section 27 plays a very tricky tool used by the police officials from the beginning.

Nation top cases of encounters….

1.      Manya surve , we all know him due to movie made by the ekta kapoor named as ‘shoot out at wadala. Gangster manya surve was the first case of encounter highlighted in nation . encounter did by the police in kirti college.

2.      Batla house . most controversial encounter in the locality of old okhla residencies. Where the killing of students are protested by the student unions , bollywood as well as in parliament.

3.      Veerappan , the elephant man and coordinator of liberation of tamil tiger ilem gang in india killed by the Andhra Pradesh special task force.

Conclusion……

There is no degree which measures the authenticity of the encounter because no one is available at the encounter spot to check the legality of it. Fake encounters violates right to life of accused or under trials. To avoid these abuse of power by police. There is a need of rigid guidelines and strict laws which formulates the enquiry and trial of police for giving justification .