Encounter of rape-murder accused in Hyderabad
On May 20, 2022, rejecting the state police’s claim in the Hyderabad encounter case, the inquiry commission appointed by the Supreme Court had said that the police’s story was fabricated. The policemen together fired with the intention of killing the accused. In the report of the inquiry commission, all the 10 policemen were recommended to be prosecuted for murder (murder with common intention). Retired Judge V.S. The Sirpurkar-led commission said in its report that the police concocted a story that the accused had snatched and fired the police pistol and fired in self-defense.
Police got clean chit in Vikas Dubey case
In the encounter case of Vikas Dubey, the UP police got relief from the Supreme Court committee. On July 22, 2021, UP’s ADG (Law and Order) informed that the committee has given a clean chit to the police. The court had asked to upload the commission’s report on the website. Also said that the state should follow the recommendation of the commission. In the report, no irregularities were found in the action of the UP police. Supreme Court Justice B. S. In July 2020, the green signal was given to the formation of the inquiry commission under the leadership of Chauhan. On July 10, 2020, when the UP police was taking Vikas, he was killed in an encounter.
MBA student’s encounter turned out to be fake
On July 3, 2009, an MBA student from Ghaziabad was killed in an encounter in Dehradun. The matter went to CBI and the case was transferred from Uttarakhand to Delhi. The lower court had sentenced 17 policemen to life imprisonment after holding them guilty of murder. Then 10 were acquitted by the High Court and 7 were convicted. The matter is pending in the Supreme Court. On July 2, Ranbir Singh, a resident of Shalimar Garden, went to Dehradun to give an interview with a friend. He had an altercation with the policeman over some issue and after that he was taken to the nearby forest and killed in an encounter by the police. The police claimed to have encountered the miscreant and showed the recovery of the pistol. The father of the deceased had demanded a CBI inquiry.
10 policemen convicted in CP shootout
Supreme Court in Delhi’s famous CP shootout case ACP S. S. 10 policemen including Rathi were convicted. All were sentenced to life imprisonment. The incident is of March 31, 1997. In CP, two businessmen were killed mistaking them for UP gangster Yasin. The police had said that it was a case of mistaken identity. He did not kill the businessman intentionally, but by mistake the incident happened while chasing Yasin. All were acquitted by the lower court, but the High Court in 2009 upheld the life sentence of all the convicts.
13 policemen convicted in Lakhan Bhaiya encounter
In Mumbai’s Lakhan Bhaiya fake encounter case, the sessions court convicted 21 people, including 13 policemen, and sentenced them to life imprisonment. The police claimed that on September 11, 2006, they killed Lakhan Bhaiya (a criminal) in Andheri area. Lakhan’s brother had claimed that the police fabricated the story of a fake encounter after abducting him. For this, faxes and telegrams sent to the police commissioner were produced as evidence. The sessions court convicted 21 people in the case and sentenced 13 policemen and others to life imprisonment.
Questions were raised on the killing of Sikh youths in Pilibhit
The policemen accused of killing 11 Sikh youths in a fake encounter in UP’s Pilibhit were held guilty of culpable homicide not amounting to murder by the Allahabad High Court. In this case, 43 policemen were sentenced to seven terms of imprisonment by the court. The incident is of 12 July 1991. According to the police, the boys were terrorists, but the CBI investigated the case and termed the encounter as fake.
SC issued guidelines in 2014
First of all, in 2014, the Supreme Court gave a historic decision in the encounter case and issued guidelines:
- In the investigation, it is found that if a case is made out against a police officer under the IPC, then he should be immediately suspended and disciplinary action should be initiated.
- Whenever the police get secret information about criminal activity, the first thing they do is make an entry in the diary. If a fire arm has been used by the police in the encounter and someone has died, then first of all an FIR should be registered.
- An independent inquiry should be conducted into the encounter. Police of CID or other police station should investigate and senior officer should supervise the investigation.
- Color photographs of the victim should be taken. Along with this, a sample of blood, hair and other things should be made safe from the spot. Along with the statement of the witness, his full address and telephone number should be taken.
- Postmortem of the deceased should be done by two doctors of the district hospital, video recording should be done. Weapons, bullets used in the incident should be kept safe. Copy of FIR should be sent to the court immediately.
- If the victim’s family feels that independent investigation is not being done, then the victim’s family can complain before the sessions court.
What do experts say?
Senior Supreme Court Advocate Sanjay Parikh says that the Supreme Court had said in the 2014 decision that if the police fired or had to fire during the encounter, then an FIR would be registered in case of death. In Section-46 of CrPC, when the police arrest someone and at that time if the accused attacks the police force, then the police have the right to use weapons to save lives. But it has to be proved that he used the weapon in self-defense.