{"id":189689,"date":"2022-06-09T20:42:42","date_gmt":"2022-06-09T15:12:42","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=189689"},"modified":"2022-06-09T20:42:42","modified_gmt":"2022-06-09T15:12:42","slug":"it-is-a-bumping-off-of-the-rule-of-law-too","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/it-is-a-bumping-off-of-the-rule-of-law-too\/","title":{"rendered":"It is a bumping-off of the rule of law too"},"content":{"rendered":"\n<p><strong>News:<\/strong> Recently, the commission of inquiry on the Hyderabad fake encounter 2019 has submitted its report.<\/p>\n<h5><strong>Present Case<\/strong><\/h5>\n<p>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.<\/p>\n<p><strong>The Commission\u2019s findings<\/strong><\/p>\n<p>The killing of the youths was a <strong>pre-meditated cold-blooded murder. <\/strong>It was a fake encounter.<\/p>\n<p>The police officials by-passed the law and due processes and eliminated suspects with impunity.<\/p>\n<p>Therefore, the law should take its own course; a first information report (FIR) should be filed against the police officials concerned.<\/p>\n<h5><strong>What are the reasons for fake encounters in India?<\/strong><\/h5>\n<p>There is<strong> public outcry <\/strong>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.<\/p>\n<p>The police personnel see fake encounters as opportunities to wear and demonstrate the \u201cencounter specialist\u201d tag.<\/p>\n<h5><strong>Political Mandate<\/strong><\/h5>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Similarly, the Uttar Pradesh model of encounter killings has been suggested for adoption in Bihar in order to bring down the crime rate.<\/p>\n<h5><strong>Issues in Fake encounters<\/strong><\/h5>\n<p>Majority of those killed in encounters belong to the minority community and ethnic communities<\/p>\n<p>Extra-judicial killings go against the very spirit of <strong>rule of law<\/strong>.<\/p>\n<p>Despite involvement of senior police officers, the commissions of inquiry usually target <strong>low-ranking officers,<\/strong> from constables to inspectors. The lower personnel face the brunt.<\/p>\n<p><strong>Magisterial inquiries <\/strong>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.<\/p>\n<p>The fake encounters may include killing unarmed and helpless suspects who may not decidedly be criminals.<\/p>\n<p>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.<\/p>\n<h5><strong>Way Forward<\/strong><\/h5>\n<p>If <strong>any police personnel<\/strong> are incarcerated for fake encounters, <strong>senior officers<\/strong> 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.<\/p>\n<p><strong>Complaints<\/strong> 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.<\/p>\n<p>Commissions of inquiry should comprise <strong>magistrates<\/strong> <strong>nominated<\/strong> from other States and police <strong>officers<\/strong> from other States. They would be impartial and fair in their inquiries<\/p>\n<p>The <strong>medals<\/strong> or <strong>citations<\/strong> given to those who were indicted in fake encounters and have been awarded <strong>police gallantry medals<\/strong>, should be withdrawn as fake encounters immediately.<\/p>\n<p>The SC Judges Markandey Katju and C.K. Prasad said that \u201cFake encounter killings are nothing but <strong>cold-blooded brutal murder<\/strong>. This offence should be treated as the <strong>rarest of rare offenses<\/strong> and police personnel responsible for it should be awarded the <strong>death sentence<\/strong>.\u201d<\/p>\n<p>There should be fast track courts, as it will serve as a signal and deterrent to other policemen.<\/p>\n<p><strong>Source<\/strong>: The post is based on an article \u201cIt is a bumping-off the rule of law too\u201d published in the \u201cThe Hindu\u201d on 9<sup>th<\/sup> June 2022.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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\u2019s findings The killing of the youths was a pre-meditated cold-blooded&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/it-is-a-bumping-off-of-the-rule-of-law-too\/\">Continue reading <span class=\"screen-reader-text\">It is a bumping-off of the rule of law too<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-189689","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/189689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=189689"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/189689\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=189689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=189689"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=189689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}