Opinion

Hyderabad Encounter! Know Why There Are Difference Of Opinions Regarding The Action Taken By Police And How Our Judicial System Responsible For The Boiling Sentiments In The People Of The Country!

Past few days, a common emotion has taken hold of every citizen of India. Everyone was angry, disappointed and pained at the brutal killing of Hyderabad vet.

India wanted a swift delivery if Justice, public anger and emotions were boiling. Cry for capital punishments for rapists resonated in every part of the country.

6th December,

India woke up to a news of all the four accused of the Hyderabad gang rape and murder were eliminated in an encounter.

Suddenly the people started celebrating, they showered flowers on the police, tied rakhi to them, distributed sweets.

All four Hyderabad gangrape and murder accused shot dead early this morning.

Police said they were killed in encounter after they tried to escape . Police claim that the four accused were the real culprits in Hyderabad gangrape case and they have a confession recorded.

India woke up to the news of four rape accused being shot dead by a team of the Hyderabad Police, who claim that the accused tried to flee during the recreation of crime scene on early Friday morning. To many among those who are reacting to this killing of gangrape and murder accused, who were under police custody, the police action was justice being delivered.

People were seen shouting slogans in praise of the Hyderabad Police. Flowers were showered on police personnel. People were seen celebrating the police action in other parts of the country, including the cosmopolitan city of Mumbai.

Some politicians came in support of the police action. Mayawati, the former chief minister of Uttar Pradesh said the police action is “commendable” and that justice has been done. She went on to say, “Had police taken a similar tough action in the case of Nirbhayagangrape, justice could have been delivered early.”

Nirbhaya (not the original name) was gangraped and fatally injured by six persons in a moving bus in Delhi in December 2012. Four of the accused were sentenced to death. But the death sentence has not yet been executed.

The mercy petition of one of the four convicts on the death row was rejected by the Delhi government on December 1 this year. The delay has led to many questioning the justice delivery system. Parents of Nirbhaya – a paramedic student – expressed frustration over their “unending wait for justice”.

Reacting to the Hyderabad Police’s killing of the gangrape accused, Nirbhaya’s mother said it was an “ointment to my wound”.

Another politician Sanjay Singh of the AamAadmi Party (AAP), which is in power in Delhi, said people have lost faith in justice delivery system. He merely stopped short of hailing the Hyderabad Police action.

However, the police action is bound to face a judicial scrutiny. This is a mandatory follow-up in the wake of 2015 Supreme Court ruling in the People’s Union for Civil Liberties versus State of Maharashtra case.

The Supreme Court made it “mandatory for a magistrate to investigate the encounter deaths to ensure that investigations into police encounters are carried out effectively and independently to ensure that investigations into police encounters are carried out effectively and independently”.

There is no law that sanctions killing of an accused of any crime, including that of rape and murder. This forms the basis for a robust judicial system.

The police are an investigating agency and not entitled to adjudicate cases pronouncing verdict on someone’s criminal culpability.

In Hyderabad gangrape and murder case, police arrested four persons saying they committed the crime on the night of November 26-27.

The case was still under investigation. The chargesheet had not been filed. Trial had not begun. The court was yet to hear the accused and the prosecution. It was not yet proven that the accused who were shot dead were the actual culprits of the gangrape and murder. And, even if they were the culprits, the police were not authorised to take their lives.

However, there are certain provisions that have been cited to partially allow a police person to cause death of an accused. Section 96 of the IPC says nothing is an offence which is done in the exercise of the right of private defence.

IPC Section 100 lists outs situations under the right to private defence. It includes a scenario where the assaulter has reasonable apprehension that she would be grievously hurt or killed if she does not act in self-defence.

Then there is CrPC Section 46 that says if an accused or suspect forcibly resists the endeavor to arrest him or attempts to evade the arrest, the police may use “all means necessary to effect the arrest”

It also states that nothing gives police “a right to cause a death of a person who is not accused of an offence punishable with death or with imprisonment for life.” This has been interpreted at times to mean that in cases where offence is punishable with death or life imprisonment, extra-judicial killing or encounter as they are popularly referred to in India is an option available to the police.

But the Supreme Court in the 2015 case laid out a detailed 16-point guideline to judge every extra-judicial killing.

These are the details one should know, Why whenever there is an encounter, there are always comments in support and also condemning the act. It is because nobody other than judiciary is supposed to give death as a penalty. But,

The important question is that what is driving the people of the country to celebrate this encounter?!

The absolute delay of Justice to the victims is the main and the only reason. Culprit violates a woman, they suffocate her, they tarnish her ego, they give her fatal injuries, they exhibit brutal aggression on her body.. and law takes its course… Whole the family if victim or the victims themselves live their life in horror or in cases like nirbhaya and Hyderabad vet they have already lost their due to the gruesome attack on them, the culprits get bail and freedom and the greiving family hardly ever any kind of closure.

They say Justice delayed is Justice denied. Yes there will be an scrutiny into the act of police and they need to be clean at the same time, the judiciary must also take note that, the year long process to deliver Justice is what driving people to become over joyous when these kind of incidents take place.

When that delay is addressed and rectified, the boiling emotion too will settle down.

Because in Indian culture we never celebrated a murder, what we celebrate is the death evil for good to prevail.

 


Dr.Sindhu Prashanth

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