Encounter killings and 'speedy' justice - When rule of law takes a backseat

In what turned out to be a predictable end to a week-long saga, Kanpur gangster Vikas Dubey was killed by the UP Police in an ‘encounter’, while he was being ferried back to Kanpur after being arrested in Ujjain, Madhya Pradesh. As per the version of the Police, Vikas Dubey was killed after the car that was ferrying him overturned, following which he snatched the pistol of a Police Officer and tried to escape. On the previous day, Prabhat Mishra - an aide of Vikas Dubey, was also killed in an encounter.  The Police gave the exact same justification even in this case, by stating that the accused snatched a Police Officer’s pistol and fired at them, after which they had no option but to retaliate.

In December last year, 4 persons accused of rape and murder in Hyderabad were bumped off for the very same reason – that they snatched the guns of the officers, who had taken them to the location of the crime to recreate the sequence of events. The common thread in all these three instances is the purported justification given by the Police – that the accused snatched a weapon, fired, and tried to flee – which left the Police with no option but to retaliate.

This repeated narration of the same story has made it difficult to believe, with multiple loopholes existing in between. For instance, in Vikas Dubey’s case, vehicles of media channels that were following the Police cavalcade were stopped a few kilometers before the encounter spot – which raises suspicion as to whether the events were pre-planned.

However, I do not aim to discuss whether such encounters are fake or staged in nature, as many of us very well know the answer. Instead, I would like to draw your attention to the celebration and jubilation that occurs after these encounters, with claims being made that “speedy justice has been duly served”. While such extra-judicial killings are celebrated on the ground that speedy justice has been ensured, our Constitution is put in the backburner.

In our democracy governed by the rule of law, the role of determining punishment and sentencing (be it life imprisonment or death penalty) is a task of the judiciary, and cannot be usurped by any Police force. It is only in a Police State or in a military dictatorship where the Executive takes the law in its own hands, and such actions are antithetical to our democratic foundations.

We forget that in most cases, the Police force undertakes encounters as it is the most convenient option for them – which obviates the need to ensure a fair trial and safely keep the accused in custody. Such short-cuts are undertaken with the connivance of the State Administration, who may feel that bumping off a person accused of a heinous crime is an easy route to avoid the judicial process – which is fraught with delay.

In other words, the deficiencies of our criminal justice system is used as an excuse to justify such extra-judicial killings. But, this is exactly what perpetrates the problem. If the Police force and the Executive can themselves take the law in their own hands and decide as to who ‘deserves to die’ – then will there be any need to address the deficiencies in our criminal justice system?

Let us not forget that it took seven years for Nirbhaya’s parents to get justice, which only accentuated their ordeal. The remedy to this malaise lies in addressing the deficiencies of our criminal justice system, and not in doing away with due process altogether, or celebrating when our Police take short-cuts. As Article 21’s guarantee of procedural and substantive due process tells us, the means adopted are as important as the end result. There cannot be any trade-off between the two under our constitutional framework.

Finally, any justification for such actions also imbibes a sense of impunity in our Police force, which then leads to situations where innocent victims end up paying the price. The recent custodial killing of Jayaraj and Bennix in Tamil Nadu epitomizes this sense of impunity – where Jayaraj and Bennix were thrashed to death as they had ‘disrespected’ Police Officers after keeping their mobile shop open beyond curfew hours.  

Unless we raise questions against such extra-judicial killings, and all other forms of Police atrocities , the rot in our criminal justice system shall continue to run deep.