Extra-judicial killings are a serious violation of human rights and the recent killings of Atiq Ahmed, a notorious gangster and his brother from UP, have once again brought this issue to the forefront.
Extra-judicial killings, also known as fake encounters, refer to the killing of individuals by law enforcement agencies or security forces outside the purview of the judicial process. These killings often occur in the name of maintaining law and order, fighting crime, or combating terrorism, but they violate the fundamental principles of justice.
The UP police claimed that they were killed in an encounter, but many have raised doubts about the veracity of this claim. Extra-judicial killings have been a problem in India for a long time. Extrajudicial violence is a threat to the rule of law.
The apex court should instruct the police to go back to basics – find evidence and prosecute crimes. When it is left to the police to be both jury and executioner, the entire criminal justice system breaks down.
The Supreme Court has taken a strong stance against extra-judicial killings, and has even set up a committee to probe such incidents. On September 23, 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines enumerating 16 points to be followed “in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation.”
The guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra” and included the registration of FIR as mandatory along with provisions for magisterial inquiry, keeping written records of intelligence inputs and independent investigation by CID. Extra-judicial killings continue to occur. The recent death of Atiq Ahmed is a grim reminder of the urgent need for SC to take decisive action on this issue.
Extra-judicial killings damage the credibility of the State and its institutions and erode public trust in the police and judiciary. The continued abuse of the right to life in India through the commission of extrajudicial killings must not be tolerated. The SC must send a clear message that such actions will not be tolerated and those responsible will be held accountable.
SC should ensure that the police and other security forces are properly trained to deal with situations without resorting to violence. This would require a significant investment in training and capacity-building, but it is essential if we are to prevent extra-judicial killings from happening in future.
SC should encourage the government to enact laws and regulations that provide for greater accountability and transparency in the conduct of law enforcement agencies.
SC must also work to ensure that the families of victims of extra-judicial killings receive adequate compensation. This will alleviate some suffering caused by these incidents and send a message that the State takes such matters seriously. In failing to provide adequate compensation, the nation is failing to meet its obligations under international law.
In conclusion, SC must take a strong stand against extra-judicial killings and ensure that justice is served in the case of Atiq’s death. This requires training and capacity-building for law enforcement agencies, greater accountability and transparency in their conduct, and adequate compensation and support for victims’ families.
SC must play a proactive role in bringing about reforms in the criminal justice system such as police reforms, including better training, equipment, and working conditions for police personnel, as well as addressing issues of corruption and politicisation within the police force.
The time has come for SC to act decisively on this issue and put an end to this grave violation of human rights.
