In fact, in real life too, encounter specialists are portrayed as heroes as what they ‘deliver’ is always sensational news. Extrajudicial killings are not new to India. They have been used in the past by the police and security forces in varying contexts. It was used to stem insurgency such as in the States of Bengal in the late 1960s and in Punjab in the early 1980s and to provide “quick justice” to nip it in the bud.
Presently, the guise for many of these killings relates to national security offences including terrorism, and in areas of active conflict, such as in Kashmir, states in the North East of India including Manipur, as well as the area of Maoists infested red-corridor in central India.
A high-profile case filed in 2012 before the Supreme Court of India related to allegations of 1,528 extrajudicial killings in the state of conflict-infested Manipur. The Supreme Court had in a landmark decision in 2016, spoken clearly on the illegality of such actions and the lack of “absolute immunity” in such cases. The court had also ordered setting up of a special investigation, demanded the head of the Central Bureau of Investigation (CBI) appear before it, and recommended the active involvement of the National Human Rights Commission.
Despite this intervention, the progress in this case is very slow and dragging, with a small number of charge-sheets filed. What further complicates cases in conflict areas is the special legislation known as the Armed Forces Special Powers Act (AFSPA), which requires sanction for prosecution and in effect grants immunity to members of the security forces in designated “disturbed areas”. A petition by certain members of the armed forces arguing for the dismissal of cases filed has been rejected by the Supreme Court. The Manipur case therefore continues.
However, if we keep the conflict areas like Manipur, Kashmir, etc, aside, the majority of the cases will either be a civil suit related to property or crimes which relates to murder, rape and theft. India has 19 judges per 10 lakh people. While the subordinate courts have a shortage of 5748 judicial officers, the 24 high courts face 406 vacancies. The working strength of the lower judiciary is 16,726 while the approved strength is much higher at 22,474. It is time that the judiciary must be given its full strength so that the cases can be sorted out in fast track.
The recent post-rape Hyderabad encounter as “self defence” has raised mixed feelings and questions in the social media with some praising it while others, expressed concern of “taking law in their own hands”. This expression was primarily because people have become very impatient. Delay in delivery of justice has led to intolerance and frustration and hence the encounter specialists become their hero overnight.
Another aspect which is attached to encounters is the way these extra-judicial crimes are glorified by the social media. Police with such serious allegations against them are termed “encounter specialists”, and many have been awarded medals as well as financial rewards by either the government or by NGOs. So rather than prosecution and punishment, there appears to exist institutional and popular support for these killings. Ultimately, to stem this criminal practice of killing people under police custody there has to be a concerted effort on multiple fronts – legal, institutional as well as societal. International and Human Rights Commission pressure is also an important step in adding to pressure for change.
The Hyderabad ‘encounter’ killing by the Cyberabad police of the four alleged nabbed rapists of the veterinary doctor again raises questions about the extrajudicial killings and jumping the judiciary. Yes, police is supposed to maintain law and order but the judiciary protects the law. Extra-judicial encounters have been widely practised by the Maharashtra police to deal with the Mumbai underworld, by the Punjab police against Sikhs demanding Khalistan, and since 2017, by the UP Police and several in the state of Bihar. It still exists. The truth is that such ‘encounters’ are, in fact, not encounters at all but cold-blooded murders by the police after laying a “trap” for the arrested to flee.
One cannot forget cases like Bhagalpur blinding case, several encounters in Andhra Pradesh related to sandalwood smuggler Veerappan, Daya Nayak in Mumbai on underworld and all remain alive in the memory of the people who have been following such acts. It is the job of the police to catch a criminal and place it before the judiciary with evidence for the courts to decide on penalty. If extra-judicial killings or encounters become the order of the day then the faith on the law and order machinery as well as judiciary will gradually deplete and there will be demand for instant justice.
