Breaking; Killings in police encounters affect the credibility of Rule of Law and Administration of Criminal Justice System. Supreme Court issues 16 Guidelines for Investigation of Police Encounters; [Read the Judgment]

In a Landmark Judgment Supreme Court Today issued 16 Guidelines to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation. A two Judge Bench comprising of CJI Lodha and Justice RF Nariman held that Article 21 of the Constitution of India guarantees "right to live with human dignity". Any violation of human rights is viewed seriously by Court as right to life is the most precious right guaranteed by Article 21 of the Constitution. It is also held that killings in police encounters affect the credibility of the rule of law and the administration of the criminal justice systemWriting the Judgment, in PUCL vs.Union of India, CJI Lodha expressed the Court's concern by holding that "The guarantee by Article 21 is available to every person and even the State has no authority to violate that right. In line with the guarantee provided by Article 21 and other provisions in the Constitution of India, a number of statutory provisions also seek to protect personal liberty, dignity and basic human rights. In spite of Constitutional and statutory provisions aimed at safeguarding the personal liberty and life of a citizen, the cases of death in police encounters continue to occur".After referring to various suggestions given by Advocate Prashant Bhushan for PUCL, Amicus Curie Gopal Sankaranarayanan and considering the NHRC Guidelines relating to the issue, Supreme Court issued following Guidelines;(1) Whenever the police is in receipt of any intelligence or tip-off regarding criminal movements or activities pertaining to the commission of grave criminal offence, it shall be reduced into writing in some form (preferably into case diary) or in some electronic form. Such recording need not reveal details of the suspect or the location to which the party is headed. If such intelligence or tip-off is received by a higher authority, the same may be noted in some form without revealing details of the suspect or the location.(2) If pursuant to the tip-off or receipt of any intelligence, as above, encounter takes place and firearm is used by the police party and as a result of that, death occurs, an FIR to that effect shall be registered and the same shall be forwarded to the court under Section 157 of the Code without any delay. While forwarding the report under Section 157 of the Code, the procedure prescribed under Section 158 of the Code shall be followed.(3) An independent investigation into the incident/encounter shall 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 team conducting inquiry/investigation shall, at a minimum, seek:(a) To identify the victim; colour photographs of the victim should be taken;(b) To recover and preserve evidentiary material, including blood-stained earth, hair, fibers and threads, etc., related to the death;(c) To identify scene witnesses with complete names, addresses and telephone numbers and obtain their statements (including the statements of police personnel involved) concerning the death;(d) To determine the cause, manner, location (including preparation of rough sketch of topography of the scene and, if possible, photo/video of the scene and any physical evidence) and time of death as well as any pattern or practice that may have brought about the death;(e) It must be ensured that intact fingerprints of deceased are sent for chemical analysis. Any other fingerprints should be located, developed, lifted and sent for chemical analysis;(f) Post-mortem must be conducted by two doctors in the District Hospital, one of them, as far as possible, should be In- charge/Head of the District Hospital. Post-mortem shall be video- graphed and preserved;(g) Any evidence of weapons, such as guns, projectiles, bullets and cartridge cases, should be taken and preserved. Wherever applicable, tests for gunshot residue and trace metal detection should be performed.(h) The cause of death should be found out, whether it was natural death, accidental death, suicide or homicide.(4) A Magisterial inquiry under Section 176 of the Code must invariably be held in all cases of death which occur in the course of police firing and a report thereof must be sent to Judicial Magistrate having jurisdiction under Section 190 of the Code.(5) The involvement of NHRC is not necessary unless there is serious doubt about independent and impartial investigation. However, the information of the incident without any delay must be sent to NHRC or the State Human Rights Commission, as the case may be.(6) The injured criminal/victim should be provided medical aid and his/her statement recorded by the Magistrate or Medical Officer with certificate of fitness.(7) It should be ensured that there is no delay in sending FIR, diary ...

Breaking; Killings in police encounters affect the credibility of Rule of Law and Administration of Criminal Justice System. Supreme Court issues 16 Guidelines for Investigation of Police Encounters; [Read the Judgment]

M.A.Rashid

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