By A. Mirsab, TwoCircles.net,
New Delhi: In an attempt to curb abuses, if any, on the part of law enforcing agencies in the country, the apex judicial body, Supreme Court of India has opted for the protection of Constitutional rights even in the cases of encounter by setting up procedural guidelines, at a time when the apex anti-terrorism investigative agency – National Investigation Agency (NIA) is urging the newly formed BJP led NDA government for grant of special powers for conducting undercover operations in terrorism related investigations ( See HT report )
On Tuesday, in a historical and appreciable decision a divisional bench of the Supreme Court, headed by Chief Justice RM Lodha allowed appeal & Writ petition filed by People’s Union for Civil Liberties (PUCL) and other NGOs.
The Apex Court comprehensively used its powers bestowed under article 141 of the Indian Constitution and dictated step by step guidelines for the security forces, making it a law to which every police unit will have to adhered to in case of a stand of with alleged criminals; irrespective of the section of criminal charges those criminals will be suspected of.
Before coming to the conclusion of certain need of setting up of missing guidelines for cops in encounter incidences, divisional bench of Chief Justice of India R. M. Lodha and Justice Rohinton Fali Nariman pointed to the established measures in this regard observed in other foreign countries and said , “In some of the countries when a police firearms officer is involved in a shooting, there are strict guidelines and procedures in place to ensure that what has happened is thoroughly investigated. In India, unfortunately, such structured guidelines and procedures are not in place where police is involved in shooting and death of the subject occurs in such shooting.”
Although the matter of alleged misuse of powers by police forces in encounter came many times before Supreme Court and all the times it stressed upon need of investigation of the matter and issued directions on that line but this is the first time that Supreme Court has meticulously drawn minute guidelines to be followed by cops in encounter incidences so as to meet the end of justice and not to leave any scope for violation of right to life of encounter victims, thereby making fake encounters an impossible task to happen in the country.
In its 32 page order Divisional bench referred and studied multiple earlier decisions of the Supreme Court in regards with alleged encounters and finally observed, “The above cases have been referred only by way of illustration to show that killings in police encounters require independent investigation. The killings in police encounters affect the credibility of the rule of law and the administration of the criminal justice system.”
Stressing the need of transparency in police working and to increase accountability of cops, the bench once remarked, “We are of the view that it would be useful and effective to structure appropriate guidelines to restore faith of the people in police force. In a society governed by rule of law, it is imperative that extra-judicial killings are properly and independently investigated so that justice may be done.”
The judgment with its clear and mandatory guidelines is being widely viewed as remarkable by all civil rights observing bodies throughout the country with the expectation of exponential decrease in encounter death statistics across the country.
Guidelines:
These are the major guidelines setup by the SC:
1. It would be necessary for police to make a note of every intelligence input/ tip off received regarding criminal movements or activities pertaining to the commission of grave criminal offence.
2. Immediate lodging of FIR in case of use of fire arm in encounter.
3. Independent inquiry by CID or another police station into the act of encounter.
4. Magisterial inquiry in case of death in encounter.
5. Immediate information to NHRC or SHRC.
6. Kin of died alleged encounter criminal be informed at the earliest.
7. After report to court the trial to be conducted expeditiously.
8. Six monthly report of all encounter deaths be sent to NHRC by DGPs.
9. After investigation if any officer is found to have allegedly committed offence under penal code the a Disciplinary action against such officer must be promptly initiated and he be placed under suspension.
10. No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned officers involved in encounter soon after the occurrence unless the gallantry of the concerned officers is established beyond doubt.