ENCOUNTER KILLING IN NEWS HEADLINES
"Vikas Dubey will be killed within a week in the
encounter," I said to my father. But no one expected the manner in which
he was killed. It looked like the story of a movie which I had watched earlier,
I even tried to believe the story of how he was killed in the encounter but
considering the facts I was not able to. According to a senior police official,
Vikas Dubey was killed in the encounter after a police vehicle carrying him
from Ujjain to Kanpur (a distance of 700 km) met with an accident and when he
tried to escape from the spot in bhauti area after snatching a gun from the
police, he was killed by the policemen.
Many
people will believe this story but it does not seem realistic to me, as I know
that no mouse will create his own mousetrap. He knew the consequences if he ran
away, and he would have not surrendered the first place. On prima facie view,
it looks fishy and only god, policemen and Vikas knew what happened there.
EXTRA
JUDICIAL KILLINGS
In India, the death sentence can be awarded only on the rarest of
the rare instances – by the Supreme Court of India – after following the due
process of law.
The term extrajudicial killing is used for executions done by the
state outside the due process of law.Encounters really satisfy the common man
because of the long delay in justice delivery system. They see encounters as
speedy justice but are not aware of the problems and misuse of this. It is
obvious that a man who has been tortured and being done wrong by the goon is
happy when the goon is killed in the encounter. It is also possible that the
killing eliminates any further proof of other persons involved. (Many experts
say that Vikas safety was a threat to many who colluded with him and protected
him, he would have exposed many names ruining the career of many).These are
some problems associated with extrajudicial killings. Authorities start
misusing power for personal avenge and some even do it for money and many
innocent lives are lost. Their right to life under article 21 is surely
violated.
Is Encounter Killing an offence
The
only two circumstances in which such killing would not constitute an offence
are
1- If death is caused in the right of private defence
2.If it is necessary to arrest the person accused of an offence
punishable with death or imprisonment for life – under Section 46 of the CrPC,
which authorises the police to use force, extending up to the causing of death,
as may be.
But these are just circumstances according to which the police
frames the encounter. Many of the encounters are pre-planned and I regard
pre-planned encounters nothing less than murder. It is only done to satisfy
personal needs and policemen misusing this are also just criminals with
uniforms.It is like a gangwar between the criminals and policemen. In the state
of Uttar Pradesh criminal do not want of going out on bail .fearing of fake
encounter .here the rule of gun rules over the rule of law.
The Supreme Court bench of chief justice R.M. Lodha and Justice
Rohinton F. Nariman in 2014 outlined a 16-point guideline to follow in cases of
death or grievous injury in police encounters.
As per the Supreme Court of India, every death at police hands
must be recorded and investigated by an independent agency or a police unit not
involved in the case.
The guidelines, in brief, are as follows:
1. Tip-offs about criminal activities must be recorded either in
writing or electronic form.
2. If pursuant to a tip-off the police use firearms and this results
in the death of a person, then an FIR initiating proper criminal investigation
must be registered.
3. The investigation into such death will be done by an independent
CID team which has to fulfil eight minimum investigation requirements.
4. A mandatory magisterial enquiry into all cases of encounter deaths.
5. The NHRC or State commission must be immediately informed of the
encounter death.
6. Medical aid to injured victim/criminal and a magistrate should
record his statement.
7. Ensure forwarding FIR and police diary entries to court without
delay.
8. Expeditious and proper trial.
9. Informing next of kin of the dead alleged criminal
10. Bi-annual statements of all encounter killings to be sent to
the NHRC and state commissions by a set date in a set format.
11.Disciplinary action against and suspension of a police officer
if found guilty of wrongful encounter.
12. Compensation scheme under the CrPC to be followed for awarding
it to the kin of the dead victim.
13. Police officers must surrender their weapons for
investigation, subject to rights under Article 20 of the Constitution.
14.Intimate family of the accused police officer and offer
services of lawyer/counsellor.
15.No out of turn gallantry awards for the officers involved in
encounter killings.
16. The family of the victim can complain to the Sessions judge if
it feels that these guidelines have not been followed. The judge will take
cognizance
Conclusion
Unless it is for self-defence, all extra-judicial killings are
otherwise unacceptable in a society of law.
‘The rule by gun’ should not be prefered to ‘the rule of law’. The fundamental premise of the rule of law is that every human being, including the worst criminal, is entitled to basic human rights and due process. Indeed in our country, the justice delivery system is slow but that does not make encounters justified. If your fan does not work you first try to repair it and see what the problem is, you just don't go to the market and buy a new fan. If the justice delivery system is not working properly we need to look into it first and not just seek other alternatives which can be misused. RULE OF LAW MUST ALWAYS BE ABOVE THE RULE OF GUN .
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Wow bro
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