How much power is there in 'story' of Hyderabad encounter - AB TAK NEWS


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Saturday, 7 December 2019

How much power is there in 'story' of Hyderabad encounter

How much power is there in 'story' of Hyderabad encounter

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Hyderabad police is currently struggling with a peculiar situation. Many people feel that the story of the "encounter" of four accused of rape of a woman is false.

Hyderabad Police claimed that four accused of raping and killing a female doctor were killed in an "encounter".

In some circles, those celebrating the killing of these accused also feel that it was a planned "encounter". Although they are justifying it.

It tells us something about the mindset of those who think that the murder of the four unarmed accused (whose crime had not yet been proved) was right in a way.

However, it is a matter of pondering why police officers who were educated to maintain law and order had to resort to such acts of violence.

Who are the victims?

Till now many people have mentioned that in such "encounter killings", usually the disadvantaged Dalits, tribals, backward Muslims are targeted.

In India, no person in power or privileged in any position is ever victim of such killings at the hands of the police. They should not be hunted either. However, the method of identification of the victims tells us a lot about the state of the criminal justice system.

Under the law, when the khaki uniform, ie policemen commit a crime, the law does not provide any protection to them.

According to the remaining provisions of the Indian Penal Code 1860, a provision of harsh punishment has been made against police personnel who violate the law.

For example, according to Sections 330 and 331, if confiscated for confession, there is a provision of seven years and ten years of imprisonment.

In the PUCL vs Maharashtra government case, the Supreme Court has clearly written about the process of what should happen after the "encounter" killings in 2014.

The court has said that investigations into such killings should be done independently. A detailed report should be filed in this regard and action should be taken against the guilty officers on that basis.

The court's decision in this case emphasized that the courts and law policemen's claims such as the accused "made efforts to snatch their weapons" or attempted to attack them in some way, were blindly Should not do.

If necessary, a proper investigation should be conducted and criminal hearings should be held against the policemen.

However, due to the weakness of the judicial system in such cases, the policemen are not punished for their crimes and they are provided security in a way.

What happened in Andhra Pradesh, Chhattisgarh

Earlier this week, a judicial inquiry into the death of tribals at the hands of security forces in Chhattisgarh in 2012 reached its conclusion that those killed were not Maoists and it was a case of outright murder.

No one can deny that this decision has come out after seven years of the incident and a formal hearing against the killers is yet to start.

In 2015, Andhra Pradesh Police shot 20 people from Tamil Nadu with bullets. Police had alleged that they were cutting red sandalwood trees with axes and arias.

The story was considered completely unbelievable and there was a fierce reaction from the people in Tamil Nadu over the murder and the National Human Rights Commission started an investigation into the case.

The report criticized the police's move but no action was taken against them. This case is still pending in the High Court of Andhra Pradesh.

Justice is met by the courts, but it is found so late that one wonders why someone is left alive to be punished.

What was the matter of Maharashtra?

In 2018, the Supreme Court strongly condemned the murder of an innocent person in police custody in Mumbai in the Yashwant vs Maharashtra government case.

Knowing that the person is innocent, the police caught him for questioning, tortured him and beat him. He later died in custody.

The Supreme Court upheld the lower court's decision to convict all the police personnel present in the police station during the incident and extended their sentence from three years to seven years to deliver a message in such cases.

This was a commendable case. However, it is worth noting that this crime was committed in the year 1993, 25 years before the Supreme Court's decision in this case.

The trial in the lower court took two years to complete and the court sentenced the accused policemen to three years in jail.

This case lasted for 13 years in the Bombay High Court and also took a long time in the Supreme Court.

The delay in getting justice probably meant that the message of the Supreme Court was strong but perhaps weakened.

The National Human Rights Commission (NHRC) has raised the issue of the killing of four accused in Hyderabad and the Telangana High Court has also taken cognizance of this.

It is pleasant to see that at least the judicial officers are not satisfied and remain silent and are not allowing their functioning to be influenced by the views of the public.

However, he also has an obligation to complete the investigation fast and give appropriate punishment. Only then will the strong message of the court have a wider impact.

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