III. Encounters
Encounter killings have been taking place all over the country over the
years, at times degenerating into what are called fake encounters. Between
2000 and 2007 there have been 712 cases of police encounters in the country
with UP topping the list at 324, and Gujarat figuring almost at the bottom
with 17.11
Many of them have been quite controversial in nature and are counter
productive, encouraging contempt for law within the police. Fake
encounters, staged by the police officers, resulting in the killing of even
criminals are illegal and have landed senior police officers in a sea of trouble.
A. Reasons for false encounters
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False encounters are, at times, staged by police officers because there
is pressure by the political masters to show quick results by means,
fair or foul. The public, particularly the educated middle class, also do
not mind if the police take the law in their own hands and become
executioners, particularly with regard to the dreaded criminals.
-
Police dilemma is compounded by the slow moving criminal justice
system in the country. Trials drag on interminably for years and the
outcome remains uncertain, particularly in respect of the criminals
enjoying money and muscle power. Hence, the pressure on the police
for short cut, and extra legal methods. Very often there is connivance
of the political bosses and support of the public too.12
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Power, control and authority are the reflexes which work while the
policemen gun down criminals and even unarmed innocent people at
times, during fake encounters. They know they can get away with it.
In the majority of the cases that have been reported to the Commission
regarding cases of alleged fake encounters, the factual details are
similar, for instance the criminals were shot dead while trying to run
away after firing on police or in self defence.
B. The Law says
No one including the police has an unqualified right to take the life of
another person. Causing death of a person by a police officer may amount
11
Complicated encounters –Doval, Ajit Kumar - The Indian Express, Aug 04 2010
12
Human Rights and Inhuman Wrongs - Sen,Sankar; Saujanya Books, 2010
Manual on Human Rights for Police Officers
27