- The oceanic difference between the democratic form of governance and the autocratic, authoritarian, totalitarian, and despotic form is the sanctity accorded to the law of the land in the former with the Constitutionally mandated judicial arm interpreting the outcome in right earnest. The establishment of the clearly delineated responsibilities as enumerated in the context of the Indian Constitution is absolutely clear. Thus, the law of the land will prevail over everything else including extra-judicial/encounter killings resorted to by the law-and-order enforcing agency like the police. The Supreme Court has stepped in to reiterate the same yet again.
PC: Mike Rappaport
- As you are aware, the Supreme Court-appointed inquiry commission into the 2019 encounter killing of four accused in the rape and murder of a veterinarian in Telangana confirmed the worst fears of many. Back then, the entire country was outraged with the barbaric acts of the accused that resulted in the killing of an innocent and intelligent young lady nursing millions of dreams. Soon after the killing, what ensued subsequently leading to the cold-blooded shooting of the accused did evoke strong emotions amongst the enraged citizens too. Nonetheless, there were concerns raised as well in the manner with which the shooting of the accused ensued.
- Thus, the SC set up a commission to inquire into the shooting. Now, the commission has found the encounter fake, the state government keen to hide the truth, and the police guilty of destroying and/or withholding evidence. Further, rightly and in a landmark decision, the commission has recommended murder charges against all 10 policemen involved in the act. Recollect the case, as the charred remains of the victim’s body were found the day after the crime and the police had picked up the accused based on CCTV footage. But although the encounter-the police claimed the accused had snatched their guns and attacked them-had raised several questions, several politicians, and a section of the public had welcomed the killings openly.
PC: Narsi Benwal
- Taking law unto themselves is always treated as wrong, and particularly irresponsible on the part of politicians who were found seconding the majority sentiments at that time. Looking from any angle, encounter killings are not an effective substitute for proper policing. Delving further will reveal that the main reason for crimes against women are so numerous and rising is the poor rate of conviction in such cases. According to a report by the Public Health Foundation of India, the country’s rape-related crimes rose by more than 70% between 2001 and 2018. Sadly, only 10% of the cases completed trials by 2018 with acquittals in 73% of the cases. Statistics don’t lie.
- As can be seen, the present state of affairs vis-à-vis investigation clearly shows the lack of necessary professional acumen among police forces. Additionally, let’s not forget that in the 2019 case the victim’s family had said the police failed to provide timely assistance to the victim. The outrage after this statement was followed by the encounter-another demonstration of how encounter killings are often used by the police to hide their glaring failings. Undoubtedly, cops everywhere in India should know from the Telangana case that a major precedent has been set, and they should be careful henceforth. Indeed, a precedent worthy of emulation.
