Acceptance of Extra-Judicial Killing - Is it a Fix for Delayed justice in India?

The Kanpur based history-sheeter Vikas Dubey was shot dead, while he tried to escape from the spot after a car of Uttar Pradesh Special Task Force overturned in the UP highway. Police allege that they encountered him while he tried to escape from their custody by snatching a weapon from one of the policemen.

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"Ehhh, Myself Vikas Dubey. I am a Kanpur based history-sheeter, i.e., is a gangster. I am known for the 60 criminal cases lodged against me. I am a murderer, kidnapper, and thief. I am also being accused of the murder of Bjp leader Santhosh Shukla, who was a minister of state. I surrendered before the court and was acquitted from murder charges by a session court and called as Shivil’s don. I was elected as Nagar panchayat after I joined Mayawati’s Bahujan Samaj Party (BSP). A man registered a complaint against me. accusing me that I have attempted to murder someone. And On July 3, I was set out to ambush at Bikru by 9 policemen, I killed them. I am also not that good kind of gangster-like bahubalis of the east. On July 9, I was held from Ujjain’s Mahakal Temple. On July, 10, ugh...I was shot dead in an encounter by UP police when I tried to escape by snatching pistol."

Yes, he is the most dreaded man with abundant criminal records. Do you think that killing him is right? That too before even produce him to the court? Practically speaking it is right, he has so many criminal records, he is a murderer, he killed 8 cops who tried to arrest him. So practically speaking it is right and the whole Shivali village of Kanpur celebrating his death may seem right. Legally, Is it? NO! The view of Prasanth Bhusan, a public interest lawyer in the Supreme Court of India. He has given a statement in the Hindu Editorial, “Firstly, he was arrested publicly in Madhya Pradesh surrounded by 24 policemen, then why would he flee away? Secondly, he was travelling in a different car just a few minutes before he was killed, from the one overturned. Thirdly, why a dreaded criminal like him not handcuffed? If he was then how could he snatch the pistol from the police and runway? And lastly, he was shot in the chest while he supposedly running away." So police justification registered on the report is seemingly to manipulate the murder they have committed. And it is a common tool used by the police to justify their fake encounters.

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"As a layman, we may celebrate the murder of gangsters like Vikas Dubey and the rapists in Hyderabad rape case. (A veterinary doctor Priyanka Reddy had been brutally raped and murdered by four assumed accused. Before even producing the four assumed accused to the magistrate, they were murdered by policemen). Though we have speedy trial as a fundamental right under Article 21, we face slower judicial proceedings. So, this extra-judicial killing may seem fair and justifiable. But in actual sense, it's against human rights and the Constitution of India. It would sound illegal if an assumed accused is murdered without giving him a chance of proving his/her innocence. It is precise to appreciate and thank the police who have encountered these evil monsters in society. As a responsible citizen of India, if we see, police officers have acted violating the law and irresponsibly in killing these people. Even though they are offenders, they have not been proven guilty. What if they are not the offenders? To answer this question, the court has set up a trail. So killing them before producing them in court is not justifiable and that too when we are also a country governed by Rule of Law. The main reason behind extrajudicial killing is public support. Huge public support is arising because of less confidence in the judiciary and their time delays in judgment. The legislators and executives are the police of the policing system, but they are supporting and giving a broad explanation of the extrajudicial killing. The happiness expressed by people and public authorities is not welcomed as it shows that people have lost faith in the criminal justice system. Proper guidance must be given to police officials to use their power. The rising over-usage of police powers must be controlled and it is not right to act against the rule of law. And we as Citizens of India must not encourage and approve this inhumane act. Wheather extra-judicial killing is supported by people as they lost faith in the Indian legal system or Wheather the people lost faith in the Indian legal system due to extra-judicial killing? A need to fly in the face of extra-judicial killing. Let us stop supporting this extra-judicial killing as it degrades the legal system of India. Let each one of us be the change. Let us knock this down #iscrimenewnormal!"

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Extra-judicial killing:

An extra-judicial killing is the killing of a people by a public authority without the sanction of the judiciary or any legal process.

Constitutional rights:

Rule of Law:

It provides that the constitution shall be the supreme power in the land and the legislative and the executive derive their authority from the constitution.

Article 21:

Right to life and personal liberty is guaranteed to every citizen of India. It is a fundamental and non-derogable right to non-criminals and criminals as well.

Article 22:

Protection against arrest and detention:

1. No person shall be detained without informing the reason for his detention.

2. Every person detained must be produced to the magistrate within twenty-four hours of detention.

3. Every person detained cannot be denied to hire a legal practitioner

4. The custody of a detained person cannot be beyond the said period except by the authority of the magistrate.

National Human Rights Commission Guidelines:

1. When the police officer receives information about death on encounter must enter in the register.

2. Whenever the encountered police officer belongs to the member of the same police station, then the case must be investigated by State CBCID.

3. Where a complaint registered against the police, alleging that the concerned officer has committed a criminal act, an FIR must be registered against the concerned officer and investigated by the appropriate authority.

4. A magisterial enquiry must be held within 3 months on the death of the person and relatives, eyewitnesses, police records must be examined.

5. Disciplinary action must be taken against all delinquent officers found guilty.

6. No promotions and instant rewards shall not be bestowed to the concerned officer soon after the occurrence.

7. a) The cases of death in police action must be reported to the Superintendent of Police within 48 hours.

b) The cases of death in police action must be reported to NHRC by the Superintendent of Police within 3 months.

Exception to the extra-judicial killing:

• If death is caused in case of private defence under Sec.96 of IPC.

• If the use of person cause critical injury caused other than death, in case the offence committed is punishable with life-time imprisonment under Sec.46 of Crpc.

“If I find the law to be misused I shall be the first to burn it.” ― Dr. B. R. Ambedkar