Author : Rachana Phulsundar, Student at P.E.S Modern Law College, Pune
“The dead cannot cry out for justice. It is the duty of the people living to do it for them. “
Extra Judicial Killing means killing an individual or group of people without any lawful order. This act is generally done to give immediate justice to any victim, and for national security. On the other hand this is not used for the welfare of the people and may harm them.
Currently a gangster was killed by the UP police in an encounter that is extra judicial killing. The gangster which was killed murdered and kidnapped so many people. Those murdered and kidnapped people by the gangster got justice. Even the murdered and kidnapped lives had families. Till the legal actions would get finalized and come to a proper legal conclusion the gangster would come out behind the bars and have committed more murders. For the national security police encountered the gangster.
In the year 2019, a gang raped a doctor and murdered near Hyderabad. The gang pretended to help her as they only deflated her scooter’s tire. The four (gang) were killed in a police encounter while they were in police custody when police took them for the crime scene reconstruction, where two of them snatched the weapons and attacked the police. The accused dared to snatch the weapons of the police while the reconstruction of the crime scene would definitely ran and sexually harass and murder some other woman’s.The maximum people of our nation were in the support of the police encounter which gave justice to the victim.
In the case of Nirbhaya, 2012 the incident took place in Delhi gange raped and murder a young girl who was a physiotherapy intern was tortured and gang-raped. In the year 2020 four convicts were executed. The crime happened in the year 2012 and the death sentence to the four convicts in the year 2020. And the accused were alive for so many years after committing the offence.
In case of terrorist attack they are killed without any legal proceeding, that is Extra Judicial Killing, this act is for the nation’s security. The encounter is done to kill the terrorist and avoid destruction of lives and property.
The other side of extra- judicial killing in the appearance of fake encounters hammering the fundamental right under Article 14 which provides the right to equality to every individual. Article 21 which safeguards life and personal liberty. Each individual is given a legal right to unbiased inspection and free trial. In 1978 the apex court held any activity that is opposing the principles of natural justice ruins Article 14 of the Indian Constitution. SC sentenced death punishment to the police who were involved in the fake encounters around the country. In one of the landmark judement of 2012, SC mentioned such killings “state sponsored terrorism”.
In the case of PUCL vs State of Maharashtra, 2014 SC was going through writ petitions examining the authenticity of many encounters in which many were killed by the Mumbai cops in which 135 offenders were dead.
In the recent case of father and son in Tamil Nadu, Jayraj and Fenix both were killed in police custody because they contravened the lockdown rules as they increased their mobile phone shop working hours.
In some cases the cops try to protect it’s officers by not starting any action opposing them. Section 197 of the Code of Criminal Procedure needs the permission of the proficient supremacy before starting any offensive case opposing a government official.
The conditions of the extra- judicial killing is distinct country to country. Probably found in the nations Philippines, India, Pakistan, Turkey, Iran and even some more.
Assuming that they had some merit in these above mentioned examples one would need to identify a state whether Extra Judicial Killing is Justice or Injustice? If in some cases it’s injustice happening to an individual this act should be stopped and proper enquiry of the case should be done, with appropriate penalty by the court. Proper guidelines should be given to the government officials for the encounters.
“The only punishment that gives justice for the victims, the only punishment that suitably fits the offence, should be death. “