Encounters Supreme Court Decisions

A gangster’s son turned politician and his assistant were slain in an encounter in Uttar Pradesh.

Why are we debating this?

The National Human Rights Commission (NHRC) and the Supreme Court have established suitable standards and processes to be followed in order to prevent law enforcement forces from abusing their authority.
However, this encounter has brought to light the subject of extra-judicial executions or “encounters” by Indian police.

Supreme Court Encounters Guidelines

A bench comprised of then-CJI RM Lodha and Rohinton Fali Nariman gave comprehensive directions in September 2014.
These rules were issued as a result of the lawsuit “People’s Union for Civil Liberties v. State of Maharashtra.”
The recommendations outlined 16 factors to consider when examining police contacts in situations of death as the normal approach for conducting a complete, effective, and independent investigation.-
Registration of a first information report (FIR) as mandatory
Inquiry by a magistrate Keeping written records of intelligence inputs
Independent investigations by organisations such as the CID
In all incidents of death resulting from police intervention, a Magisterial Inquiry must invariably be held.
The deceased’s next of kin must invariably be included in such an investigation.
When a complaint is filed against the police alleging that they committed a criminal act that constitutes a cognizable case of culpable homicide, a FIR must be filed under the appropriate provisions of the IPC.
According to Section 176 of the Code of Criminal Procedure, 1973, an investigation must decide “whether the use of force was justified and the action taken was lawful.”
Whenever the police get information or a tip-off about criminal movements or activities related to the conduct of a serious crime, “it shall be reduced into writing in some form (preferably in a case diary) or in some electronic form.”
Following such a tip-off or intelligence, if a confrontation occurs and a firearm is used by the police party, resulting in death, a FIR must be recorded and delivered to the court under Section 157 as soon as possible.

Provisions for a separate investigation into the incident

The requirements/norms must be scrupulously followed in all situations of death and serious injury in police encounters, as stipulated in Article 141 of the Indian Constitution.
The Supreme Court’s decision will be binding on all other courts in Indian Territory.
“Unless there is serious doubt about independent and impartial investigation,” the NHRC’s intervention is not required.
The incident must be reported to the NHRC or the State Human Rights Commission.

NHRC Encounter Guidelines

The National Human Rights Commission (NHRC) has advised all states and union territories to adopt a set of recommendations in circumstances where police confrontations result in death.
These included the police’s obligation to put any information received concerning encounter deaths into a “appropriate register,” as well as procedures for independent investigations by institutions such as the State CID.

Issues with such encounters

This practise jeopardises the rule of law, due process, the right to life, and other human rights.
Excessive force has been accused of being used by police and security agencies.
Fake encounters: There have been reports of encounters being planned and carried out in order to eliminate suspects without going through the normal legal channels.
Concerns have been raised about impunity and a lack of accountability, as well as the need for reforms to ensure that law enforcement officers are held accountable for their actions.
Mistrust of the general public: The general people regularly loses faith in the constitutional process of justice.

Why are such encounters popular among public?

Lack of faith in the legal system: Some people may see extrajudicial killings and encounters as a method to avoid the legal system, which they may perceive to be corrupt or incompetent.
Perception of safety: Some members of the public may believe that such interactions can dissuade criminals and make their neighbourhoods safer.
Frustration with the sluggish pace of justice: The Indian legal system may be long and drawn out, and some individuals may see extrajudicial killings and encounters as a way to speed up the justice process.
Human rights ignorance: Some people may be unaware of the human rights implications of such encounters, or they may regard them as a necessary means to an end.

@the end

Extrajudicial killings and confrontations, on the other hand, are illegal, undermine the rule of law, and violate human rights.
They also involve the possibility of abuse and can result in the targeting or killing of innocent persons.
As a result, in a democratic and law-abiding community, such practises cannot be justified or supported.

Source: https://www.thehindu.com/news/national/explained-police-encounters-in-india-cases-conviction-court-orders/article65463140.ece