The court was hearing an application filed by a man who was allegedly picked up from his house, kept in illegal detention and then shot in the leg in an 'encounter'.
Representative image. Credit: PTI
The court was hearing an application filed by a man who was allegedly picked up from his house, kept in illegal detention and then shot in the leg in an 'encounter'.
New Delhi: “Dubious encounters” cannot be used as a way to try and curb crime, a Delhi court has noted, pulling up the police on allegations of custodial torture. The court of Chief Metropolitan Magistrate Vinod Kumar Meena was hearing an application filed by a man who was allegedly picked up from his house, kept in illegal detention and then shot in the leg in an ‘encounter’, Bar and Bench reported.
“This is matter of deep concern, as it is done/committed by a person who is supposed to be protector of citizens; it is committed under the shield of uniform and authority in a situation where victim is totally helpless,” the November 26 order states.
“No doubt and the court is conscious of the fact that police has to perform a difficult and delicate task to preserve law and order but to deal with such a delicate situation, a balanced approach is needed,” it continued. “In any situation human legal constitutional fundamental rights must be preserved of all citizen. Dubious encounters cannot be used as solution to control crime as it has to be remembered that the cure cannot be worse than disease itself.”
The court also noted that the formal arrest was made only on November 13 – though the man had been shot by the police on November 2. This, the judge continued, makes it appear like the police did not want to inform the family of what had happened. The family says they found out about the shooting only from media reports.
“The investigating agency waited for almost 11 days till he was shifted from DDU hospital to Tihar Jail…all these circumstances apparently demonstrate the attempt of investigation agency to keep the act regarding encounter of applicant under wraps from his family members and this delay in arrest was apparently staged, which further reflect on the malafide of the investigating agency surrounding the apprehension of the applicant,” the order said.
The investigating agency, the court claimed, was also giving conflicting and evasive responses. “It appears that a whole hearted effort has been made by investigating agency not to bring the factum of encounter to the fore,” the court said.
The judge also expressed concern that the authorities had not complied with its previous directive, asking the concerned district commissioner to respond to the allegations and file a report. “To utter surprise of this court and in total defiance of the orders of the court, the Worthy DCP has neither filed reply nor forwarded the same. The said reply is under signature of two ACPs and forwarded by DCP-1. Such indifferent attitude and consequent disobedience of orders of the court by a head of District Police in a case where serious doubts have been raised through the relevant material produced before the court, is matter of serious concern. When a senior officer does so, it causes pain to the judicial conscience and threat to the judicial authority,” the order stated.
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(With input from news agency language)
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