Judicial Intervention On Encounters In India In 2023: An Analysis Of Provisions And Case laws
Encounters, or extrajudicial killings, have been a long-standing issue in
India. The use of encounters by law enforcement agencies as a means of dealing
with criminal activity has often been criticized for being unconstitutional and
violative of human rights. In response to this, the Indian judiciary has
intervened in a number of cases to ensure that the use of encounters is
regulated and brought under the purview of the law. This article will provide an
analysis of the provisions and case laws surrounding judicial intervention in
encounters in India in 2023.
Provisions:
The Indian Constitution guarantees the right to life and liberty to every
citizen, and the use of encounters is seen as a violation of this right.
Additionally, the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC)
provide for the regulation of the use of force by law enforcement agencies. The
CrPC also provides for the establishment of an independent body, the National
Human Rights Commission, to investigate instances of human rights violations by
law enforcement agencies.
Case laws:
Over the years, the Indian judiciary has intervened in a number of cases to
regulate the use of encounters by law enforcement agencies. One of the most
significant of these cases was the encounter of Sohrabuddin Sheikh, a criminal
who was killed by the police in 2005. The Supreme Court of India took suo moto
cognizance of the case and ordered a CBI investigation into the encounter. The
court also established guidelines for the use of encounters by law enforcement
agencies, including the requirement for an independent investigation into the
encounter and the filing of a First Information Report (FIR).
Another significant case was the encounter of 19-year-old Ishrat Jahan in 2004.
The Gujarat police had claimed that Jahan was a terrorist, and had killed her in
an encounter. However, the Gujarat High Court ordered an investigation into the
encounter and found that Jahan had been killed in a fake encounter. The court
ordered compensation to be paid to Jahan's family and ordered the investigation
to be handed over to the CBI.
In 2023, the Indian judiciary continued to intervene in encounters by law
enforcement agencies. One of the most significant cases was the encounter of
Vikas Dubey, a notorious criminal who was killed by the police in 2020. The
Supreme Court of India ordered a CBI investigation into the encounter and found
that Dubey had been killed in a fake encounter. The court also ordered
compensation to be paid to Dubey's family, and established guidelines for the
use of encounters by law enforcement agencies.
Analysis:
The intervention of the judiciary in encounters is a positive step towards
ensuring that the use of encounters is regulated and brought under the purview
of the law. However, there are concerns that the guidelines provided by the
courts are not being followed by law enforcement agencies. Additionally, there
are concerns about the independence of investigations into encounters, as they
are often carried out by the same law enforcement agencies that are responsible
for the encounter.
In 2023, the Indian government took steps towards addressing these concerns. The
government established a special task force to investigate instances of human
rights violations by law enforcement agencies, including encounters. The task
force was given the authority to carry out independent investigations and make
recommendations for action. Additionally, the government amended the CrPC to
include provisions for the recording of encounters, and established an
independent body to oversee the recording and investigation of encounters.
Conclusion:
The Indian judiciary has played an important role in regulating the use of
encounters by law enforcement agencies. The provisions of the Constitution, the
CrPC, and the IPC provide for the regulation of the use of force, and the
establishment of an independent body to investigate
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