Allahabad High Court on Encounter: The Allahabad High Court on Friday observed that the Uttar Pradesh Police practice of shooting accused persons in the leg and describing it as an encounter is illegal and unacceptable. The court further noted that police officials are exerting pressure on judges, particularly Chief Judicial Magistrates (CJMs), to issue favourable orders. Justice Arun Kumar Singh Deswal made these remarks while addressing Director General of Police Rajiv Krishna and Additional Chief Secretary (Home) Sanjay Prasad, who appeared via video conferencing during the hearing of an encounter-related case.
Allahabad High Court on Encounter: Court reprimands ‘half-encounter’
Granting bail to Raju alias Rajkumar of Mirzapur, who was arrested in an encounter case, the High Court said it cannot allow Uttar Pradesh to turn into a police state. The court also came down heavily on the practice of “half-encounters,” observing that police personnel often misuse firearms to injure accused persons by shooting them in the legs in a bid to secure quick promotions and praise.
Only the courts have the power to punish
The High Court made it unequivocally clear that such conduct is unacceptable under any circumstances. It emphasized that the authority to award punishment rests solely with the courts, as India is a democratic nation governed by the rule of law. The court further stated that the police have no right to encroach upon the judicial domain and noted that the growing instances of accused being shot in the legs amount to a serious misuse of police power.
High Court issues new guidelines on encounter
The High Court has issued fresh directions in line with the Supreme Court’s guidelines on encounter cases and ordered their strict compliance. The court warned that failure to follow these directions would make district Superintendents of Police (SPs), SSPs, and Police Commissioners personally liable for contempt of court.
During the hearing, the DGP concurred with the court’s view that the police must function strictly within the framework of the law and assured that necessary instructions would be circulated to all units to ensure adherence to prescribed procedures.
