VIKAS DUBEY ENCOUNTER, EXTRAJUDICIAL KILLINGS, GUIDELINES OF SC OF INDIA AND N.H.R.C

The encounter of the history sheeter Vikas Dubey by UP police welcomed by most of political leaders, public figures and the masses. However at the same time, questions have also been raised over the legality and appropriateness of the police action leading to the debate that ‘whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victims’.

 

After the encounter Vikas Dubey systematically eloped from Kanpur, went to MP then in open and public place at Mahakal Mandir, Ujjain, he surrendered himself to save himself from ‘being encountered’ from police but the incident took dramatic mode, before he could reach to Kanpur in the morning, he was killed in an encounter.

 

The ‘encounter’ took place after Dubey tried to escape from one of the vehicles in the police convoy, which was to bring him to Kanpur, allegedly overturned on the road. According to the police, he tried to snatch a constable’s pistol and escape from the scene but was gunned down in the ensuing encounter.

 

Going through the entire story, the entire act of police encountering the Vikas Dubey creates a doubt at face of incident itself. It has given birth to many doubts in mind of a common man. Since Vikas Dubey was the history sheeter, was alleged of committed many crimes. In such backdrop one thing is crystal clear, his surrender in public, that too in other state, clears that Dubey had good knowledge of Law and procedure. In such a case how come a man who surrendered himself to police, can attack on police when he is in the police custody only.

 

Provisions on fake encounter-

In India, there is no such law directly allows to encounter a criminal, however, there are certain enabling provisions which may be interpreted differently to vest police officers with certain powers to deal with criminals. The settled defence in all encounter is of self-defence. Section 96 of IPC speaks about anything done in exercise of private defence is not an offence, this section gives inherent right to an individual to defend for his life but what extent is defined under Section 99 of IPC. Section 99 of IPC says that right of private defence is not available for inflicting more harm than is necessary for the defence. It means one can harm someone the extend it is necessary & not beyond that. Similarly, Section-100 of IPC, exception 3 of Section 300 of IPC, Section-46 of the Code of Criminal Procedure (CrPC), etc. lay down similar provisions with regard to investigations in extra-judicial killings and cases of culpable homicide.

 

Supreme Court on Fake encounter –

In Prakash Kadam vs Ramprasad Vishwanath Gupta, the Supreme Court observed that fake ‘encounters’ by the police are nothing but cold-blooded murders, and those committing them must be given death sentences, placing them in the category of ‘rarest of rare cases’. In paragraph 26 of the judgment, it was observed: “Trigger happy policemen who think they can kill people in the name of ‘encounter’ and get away with it should know that the gallows await them”.

Now, the question remains, will we follow the guidelines? Or they would just remain as guidelines.

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