To prevent fake encounters by the police, the Supreme Court on Tuesday issued stringent guidelines saying each case should be probed by an independent agency, and the police personnel involved should not be given out of turn promotion immediately after the incident.
A PIL was filed my the People's Union for Civil Liberties (PUCL) with the apex court questioning the genuineness of nearly 99 encounters between the Mumbai police and alleged criminals, resulting in the death of about 135 persons, between 1995-1997.
The bench, headed by the Chief Justice of India R M Lodha, made it clear that the independent probe into an encounter resulting in death will be conducted by "the CID or police team of another police station under the supervision of a senior officer (at least a level above the head of the police party engaged in the encounter)."
The guidelines include a magisterial inquiry to be held in all cases of death which occur in the course of police firing and a report thereof must be sent to the judicial magistrate. "If the encounter takes place and firearm is used by the police party and as a result of that, death occurs, an FIR must be lodged and the same shall be forwarded to the concerned court without any delay."
The bench further said, "If on the conclusion of investigation the materials/evidence having come on record show that death had occurred by use of firearm amounting to offence under the IPC, disciplinary action against such officer must be promptly initiated and he be placed under suspension," adding that the officer must surrender the weapon.
The court also said if the encounter was found to be fake, then the erring police officials involved in the encounter are liable to face disciplinary action as well legal consequences. "No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such rewards are given/recommended only when the gallantry of the concerned officers is established beyond doubt."
The top court said guidelines also include whenever the police is in receipt of tip-off regarding criminal movements or activities pertaining to the commission of grave criminal offence, it should be kept in writing in some form or electronic form.
The involvement of National Human Rights Commission (NHRC) is not necessary unless there is serious doubt regarding the impartiality of the investigation. However, the information of the incident must be sent to NHRC or the State Human Rights Commission.
With regards to injured criminals, the bench said they should be provided medical aid and their statement should be recorded by the magistrate or medical officer with certificate of fitness. In the event of death, the next of kin of the alleged criminal/victim must be informed at the earliest. Six monthly statements of all cases where deaths have occurred in police firing must be sent to NHRC by DGPs.
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