Ans:
Encounter killings are spontaneous shootouts between police personnel and armed individuals where the police are first fired upon and respond in defense by firing back and killing the individuals.
Although such encounter killings based on genuine threats are permissible, many have turned out to be fake clearly indicating misuse of police powers by the State. NHRC Statistics show that of the almost 2500 killing in 1993 half turned out to be fake.
Many shortcomings in the state mechanisms make such extrajudicial killings prevalent and allow the police personnels involved to escape from scrutiny easily.
1.There is no necessary FIR requirements against the alleged personnel involved in fake encounters and thereby allows them to escape judicial oversight
2.Many are protected by the fellow police officers from any subsequent investigations
3.Encounter killings are not recorded and no separate category maintained by NCRB which only has 4 categories related to police firing incidents
a.Riot control
b.Anti Dacoity activity
c.Anti Extremist and Anti Terrorist operations
d.Others
4.Union Home Ministry also does not have adequate data on encounter killings due to police.
Encounter killings are spontaneous shootouts between police personnel and armed individuals where the police are first fired upon and respond in defense by firing back and killing the individuals.
Although such encounter killings based on genuine threats are permissible, many have turned out to be fake clearly indicating misuse of police powers by the State. NHRC Statistics show that of the almost 2500 killing in 1993 half turned out to be fake.
Many shortcomings in the state mechanisms make such extrajudicial killings prevalent and allow the police personnels involved to escape from scrutiny easily.
1.There is no necessary FIR requirements against the alleged personnel involved in fake encounters and thereby allows them to escape judicial oversight
2.Many are protected by the fellow police officers from any subsequent investigations
3.Encounter killings are not recorded and no separate category maintained by NCRB which only has 4 categories related to police firing incidents
a.Riot control
b.Anti Dacoity activity
c.Anti Extremist and Anti Terrorist operations
d.Others
4.Union Home Ministry also does not have adequate data on encounter killings due to police.
Therefore to prevent misuse of such powers by the police the State should make rectifying measures through legislations but none have been made till now.
In the AP Civil Liberties Committee versus State of AP, the AP High Court had laid down the procedures for investigations into extra judicial killings and this was opposed by AP Police association which appealed to the SC.The SC has placed a stay on the appeal and left the pressing issue unresolved.
SC being the apex court has instead of giving its opinion on an issue pertaining to life and liberty of the citizen ,has chosen to remain silent and indirectly approve the the extrajudicial killings.
Clearly such an issue ,reminiscent of the state sponsored executions in pre Independence India,needs to be resolved quickly.
Ans3:
A person is innocent, until and unless it is proved, beyond reasonable doubts. this is the basic crux of any judicial system of the democratic country. But still, Encounter killings still, persist in our country.
Police has a power to detain any person, under Criminal Procedure Code but As per the same, within 24 hours a person has to be presented before Judicial magistrate. Law protecting people,i.e; Police Officers, some times play unethically and abuses their own Responsibility.i.e; Case of Ishrat Jahan encounter case, Sohrabuddin encounter Case and Tulsi Prajapati Encounter case, where the responsible state government confirms that it was killing.
Under the patronage of Investigation, Police is misusing his powers.Because :
1 ) lack of awareness is still present,hence in many cases people, hesitate in questioning the police,insulting behavior of Police also plays important part in it.
2 ) The Procedure of Cr.PC is crystal clear but on technical ground they defeat the same. i.e; by not showing arrest of person.
3 ) Some times it is politically motivated and some times personally, but police lacks in overall morality of their duty.
So measures has to be taken :
Guidelines are already there so by crating the new guidelines, surely will not benefit.so measures should be :
1 ) Morality is the key in this peculiar condition so Police must be given training for morality and Humanized approach because as convict also possess right to dignified life then surely accuse must be entertained on same platform.
2 ) Responsibility must be fixed. i.e; GUJCOC bill, clause provides no responsibility to the police, as it states that police only works for good cause, so they can not be make responsible. this kind of provision will lead to the miscarriage of justice. so Responsibility must be fixed.
3 ) As per Art. 226 and Art. 32, High Court and Supreme Court, are our protector with respect to fundamental right, so If any Encounter takes place, then it should be investigated, under the umbrella of Honorable Courts, so that its facts come out clearly, if facts shows otherwise features, then the Guilty shall be punished.
Criminal Justice system is very poor in India. Recently National Human Rights Commission States that, A person must be given bail after charge sheet-ed. Long trials are social killing and travesty of Justice. More then a Guidelines, More Humanized approach must be taken between Government, Police, Judiciary and Lawyers, then and then this Violation of the Law by the protector it self, will stop.
In the AP Civil Liberties Committee versus State of AP, the AP High Court had laid down the procedures for investigations into extra judicial killings and this was opposed by AP Police association which appealed to the SC.The SC has placed a stay on the appeal and left the pressing issue unresolved.
SC being the apex court has instead of giving its opinion on an issue pertaining to life and liberty of the citizen ,has chosen to remain silent and indirectly approve the the extrajudicial killings.
Clearly such an issue ,reminiscent of the state sponsored executions in pre Independence India,needs to be resolved quickly.
Ans3:
A person is innocent, until and unless it is proved, beyond reasonable doubts. this is the basic crux of any judicial system of the democratic country. But still, Encounter killings still, persist in our country.
Police has a power to detain any person, under Criminal Procedure Code but As per the same, within 24 hours a person has to be presented before Judicial magistrate. Law protecting people,i.e; Police Officers, some times play unethically and abuses their own Responsibility.i.e; Case of Ishrat Jahan encounter case, Sohrabuddin encounter Case and Tulsi Prajapati Encounter case, where the responsible state government confirms that it was killing.
Under the patronage of Investigation, Police is misusing his powers.Because :
1 ) lack of awareness is still present,hence in many cases people, hesitate in questioning the police,insulting behavior of Police also plays important part in it.
2 ) The Procedure of Cr.PC is crystal clear but on technical ground they defeat the same. i.e; by not showing arrest of person.
3 ) Some times it is politically motivated and some times personally, but police lacks in overall morality of their duty.
So measures has to be taken :
Guidelines are already there so by crating the new guidelines, surely will not benefit.so measures should be :
1 ) Morality is the key in this peculiar condition so Police must be given training for morality and Humanized approach because as convict also possess right to dignified life then surely accuse must be entertained on same platform.
2 ) Responsibility must be fixed. i.e; GUJCOC bill, clause provides no responsibility to the police, as it states that police only works for good cause, so they can not be make responsible. this kind of provision will lead to the miscarriage of justice. so Responsibility must be fixed.
3 ) As per Art. 226 and Art. 32, High Court and Supreme Court, are our protector with respect to fundamental right, so If any Encounter takes place, then it should be investigated, under the umbrella of Honorable Courts, so that its facts come out clearly, if facts shows otherwise features, then the Guilty shall be punished.
Criminal Justice system is very poor in India. Recently National Human Rights Commission States that, A person must be given bail after charge sheet-ed. Long trials are social killing and travesty of Justice. More then a Guidelines, More Humanized approach must be taken between Government, Police, Judiciary and Lawyers, then and then this Violation of the Law by the protector it self, will stop.
No comments:
Post a Comment