IS STAGED ENCOUNTER, AN INSTANT JUSTICE OR TRAVESTY OF JUSTICE?- (Blog)
PRELUDE:
“Who exactly gives us the right to kill? If
killing is wrong, then are we allowed to kill?”-
John Grisham.
‘Rule
of law’ (No one is above the law) is the hallmark of our Indian Democracy. Yes,
I agree. But do you think that our Country still follows the rule of law? I would
say ‘NO’. In fact, our Country started practicing the ‘rule by gun’ in preference to the ‘rule of law’. Presently, “Show
me the man, I will show you the rule” was gaining ground. Why do you say
so? Because, it is disheartening to see how people jubilate to fake encounters and
calling it as ‘Quick justice’.
It
is important to ascertain which sort of justice is perceived as just by our society, in these times.
Fake Encounters and Police Impunity:
Now,
what exactly a fake/Staged encounter is?
Fake
encounter is nothing but a cold- blooded murder by the State officials who are
supposed to uphold the law.
Although,
there is no proper law that empowers the encounter of criminals, the standard
defense exercised to legitimize encounter killings is that the right of private
defense. But, many police personnel who blatantly abuse such power to settle
their grudge or with any ulterior malafide motive and flee from the clutches of
the law by exerting the right of self-defense. In a 2012 landmark Judgment, the
SC termed extra-judicial killings as “State-sponsored
terrorism”[1].
An
occurrence in Hyderabad, where the people showered the rose petals on policemen
at the location for encountering Hyderabad rapists and started raising slogans “DCP
Zindabad and ACP Zindabad.”[2] Far
from criticizing these incidents as heinous crimes, people averring it as an
instant justice that would otherwise be lost in the delayed justice system.
Undermining the concept of rule of
law:
This
system of vigilante justice circumventing the rule of law and brushed away the very
concept of right to life and personal liberty as enshrined in Article 21 of the
Constitution of India. The statement by the Chief Minister on the floor of the
State Legislature that the police encounter will continue, adding that
“sympathy for criminals was dangerous for a democracy” was distressed and
appalled[3].
They failed to keep in mind that even those dreaded criminals deserve the
protection of law. If law permits extra-judicial killings, then why do we need
trial? Why do we need laws then? If it let to be done, then it might let lose our
democracy, rule of law and Constitutional norms.
Way forward:
As
a law-abiding Indian citizen, I always say that the staged encounter can never
be an instant justice; it’s a travesty of justice. Moreover, it is palpable
that the formulation of guidelines by the NHRC and the judiciary from time to
time, has not depreciated the prevalence of fake encounters.
Hence,
there is a dire need for complete overhauling of the criminal justice system
and to make more stringent laws. It is the solemn obligation of the State to establish
one separate investigative wing to deal with the encounter case. Once, if it
touches its veracity, one must treat it as the “rarest of rarest case” and exemplary punishment must be given.
As
Mahatma Gandhi said, “An eye for an eye
makes the whole world blind”. One must encourage attaining justice through
proper channel rather retributive justice.
[1] Om Prakash & Ors Vs State Of Jharkhand & Anr, 2012, 12 SCC 72
[2] For more details, see <https://zeenews.india.com/telegana/hyderabad-encounter-people-shout-telegana-police-zindabad-shower-rose-petals-on-cops-2250559.html>
Last accessed on July 29, 2020
[3] For more details, see https://thewire.in/government/uttar-pradesh-yogi-aditiyanath-encounter-vikas-dubey
Last accessed on July 29, 2020
Need of the hour. Thoughtful blog. Keep it up.
ReplyDeleteKeep writing da.
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