ForumIAS announcing GS Foundation Program for UPSC CSE 2025-26 from 26th June. Click Here for more information.
Contents
News: Recently, the commission of inquiry on the Hyderabad fake encounter 2019 has submitted its report.
Present Case
In 2019, a veterinary doctor was gang-raped by four youth and then murdered her and burnt her body on the outskirts of Hyderabad near Shamsabad.
The Commission’s findings
The killing of the youths was a pre-meditated cold-blooded murder. It was a fake encounter.
The police officials by-passed the law and due processes and eliminated suspects with impunity.
Therefore, the law should take its own course; a first information report (FIR) should be filed against the police officials concerned.
What are the reasons for fake encounters in India?
There is public outcry to apprehend the men after the commission of the crime. It may push the police to take the law into their own hands and eliminate the suspected criminals.
The police personnel see fake encounters as opportunities to wear and demonstrate the “encounter specialist” tag.
Political Mandate
In 2017, the UP Chief Minister publicly stated that criminals would be jailed or killed in encounters. The law-enforcing agencies were given a free hand to deal with criminals in a subtle manner. Therefore, around 151 criminals had been killed in the state.
Similarly, the Assam Chief minister also gave clear directions to the Assam police personnel that criminals who attempted to escape should be shot. Thereafter, around 28 suspects have been killed.
Similarly, the Uttar Pradesh model of encounter killings has been suggested for adoption in Bihar in order to bring down the crime rate.
Issues in Fake encounters
Majority of those killed in encounters belong to the minority community and ethnic communities
Extra-judicial killings go against the very spirit of rule of law.
Despite involvement of senior police officers, the commissions of inquiry usually target low-ranking officers, from constables to inspectors. The lower personnel face the brunt.
Magisterial inquiries conducted by local magistrates turn out to be farce. The local magistrates work in consonance with the police of the district. Therefore, they would be inclined to go with the police version.
The fake encounters may include killing unarmed and helpless suspects who may not decidedly be criminals.
If States begin to adopt extra-judicial strategies to bring down the crime rate, then it may lead to a country ruled by criminals in uniform.
Way Forward
If any police personnel are incarcerated for fake encounters, senior officers should also be prosecuted. It is the responsibility of senior police officers to ensure that the rule of law is strictly followed in their jurisdiction.
Complaints of fake encounters need to be attended to on top priority. The judiciary should be activated immediately after a complaint is received because police may not readily register a complaint of a fake encounter.
Commissions of inquiry should comprise magistrates nominated from other States and police officers from other States. They would be impartial and fair in their inquiries
The medals or citations given to those who were indicted in fake encounters and have been awarded police gallantry medals, should be withdrawn as fake encounters immediately.
The SC Judges Markandey Katju and C.K. Prasad said that “Fake encounter killings are nothing but cold-blooded brutal murder. This offence should be treated as the rarest of rare offenses and police personnel responsible for it should be awarded the death sentence.”
There should be fast track courts, as it will serve as a signal and deterrent to other policemen.
Source: The post is based on an article “It is a bumping-off the rule of law too” published in the “The Hindu” on 9th June 2022.
