“Vikas Dubey will be killed within a week in the encounter,” I said to my father. But no one expected the manner in which he was killed. It looked like the story of a movie which I had watched earlier, I even tried to believe the story of how he was killed in the encounter but considering the facts I was not able to. According to a senior police official, Vikas Dubey was killed in the encounter after a police vehicle carrying him from Ujjain to Kanpur (a distance of 700 km) met with an accident and when he tried to escape from the spot in the Bhauti area after snatching a gun from the police, he was killed by the policemen.
Many people will believe this story but it does not seem realistic to me, as I know that no mouse will create his own mousetrap. He knew the consequences if he ran away, and he would have not surrendered in the first place. On prima facie view, it looks fishy, and only god, policemen, and Vikas knew what happened there.
EXTRA JUDICIAL KILLINGS
In India, the death sentence can be awarded only on the rarest of the rare instances – by the Supreme Court of India – after following the due process of law.
The term extrajudicial killing is used for executions done by the state outside the due process of law. Encounters really satisfy the common man because of the long delay in the justice delivery system. They see encounters as speedy justice but are not aware of the problems and misuse of this. It is obvious that a man who has been tortured and being done wrong by the goon is happy when the goon is killed in the encounter. It is also possible that the killing eliminates any further proof of other persons involved. (Many experts say that Vikas safety was a threat to many who colluded with him and protected him, he would have exposed many names ruining the career of many). These are some problems associated with extrajudicial killings. Authorities start misusing power for personal avenge and some even do it for money and many innocent lives are lost. Their right to life under article 21 is surely violated.
Is Encounter Killing an offense
The only two circumstances in which such killing would not constitute an offense are
1- If death is caused in the right of private defense
2.If it is necessary to arrest the person accused of an offense punishable with death or imprisonment for life – under Section 46 of the CrPC, which authorizes the police to use force, extending up to the causing of death, as may be.
But these are just circumstances according to which the police frames the encounter. Many of the encounters are pre-planned and I regard pre-planned encounters as nothing less than murder. It is only done to satisfy personal needs and policemen misusing this are also just criminals with uniforms. It is like a gang war between criminals and policemen. In the state of Uttar Pradesh criminals do not want of going out on bail .fearing of fake encounters .here the rule of gun rules over the rule of law.
The Supreme Court bench of chief justice R.M. Lodha and Justice Rohinton F. Nariman in 2014 outlined a 16-point guideline to follow in cases of death or grievous injury in police encounters.
As per the Supreme Court of India, every death at police hands must be recorded and investigated by an independent agency or a police unit not involved in the case.
The guidelines, in brief, are as follows:
1. Tip-offs about criminal activities must be recorded either in writing or electronic form.
2. If pursuant to a tip-off the police use firearms and this results in the death of a person, then an FIR initiating proper criminal investigation must be registered.
3. The investigation into such death will be done by an independent CID team which has to fulfill eight minimum investigation requirements.
4. A mandatory magisterial inquiry into all cases of encounter deaths.
5. The NHRC or State commission must be immediately informed of the encounter death.
6. Medical aid to injured victim/criminal and a magistrate should record his statement.
7. Ensure forwarding FIR and police diary entries to court without delay.
8. Expeditious and proper trial.
9. Informing next of kin of the dead alleged criminal
10. Bi-annual statements of all encounter killings to be sent to the NHRC and state commissions by a set date in a set format.
11.Disciplinary action against and suspension of a police officer if found guilty of wrongful encounter.
12. Compensation scheme under the CrPC to be followed for awarding it to the kin of the dead victim.
13. Police officers must surrender their weapons for investigation, subject to rights under Article 20 of the Constitution.
14.Intimate the family of the accused police officer and offer services of a lawyer/counselor.
15.No out of turn gallantry awards for the officers involved in encounter killings.
16. The family of the victim can complain to the Sessions judge if it feels that these guidelines have not been followed. The judge will take cognizance
Unless it is for self-defense, all extra-judicial killings are otherwise unacceptable in a society of law.
‘The rule by gun’ should not be preferred to ‘the rule of law’. The fundamental premise of the rule of law is that every human being, including the worst criminal, is entitled to basic human rights and due process. Indeed in our country, the justice delivery system is slow but that does not make encounters justified. If your fan does not work you first try to repair it and see what the problem is, you just don’t go to the market and buy a new fan. If the justice delivery system is not working properly we need to look into it first and not just seek other alternatives which can be misused. RULE OF LAW MUST ALWAYS BE ABOVE THE RULE OF GUN.