HC questions `genuineness’ of police encounter deaths

MUMBAI, December 1: Justice AP Shah and J A Patil of the Bombay High Court today expressed concern over the objectionable manner in which t...

MUMBAI, December 1: Justice AP Shah and J A Patil of the Bombay High Court today expressed concern over the objectionable manner in which the Mumbai police have conducted `encounters’ to nab criminals over the last three years. They said the “sheer number of encounters raised doubts in the public mind about the genuineness of these operations”. While endorsing the need for an inquiry, they said the exact nature of the probe is still to be decided.

The division bench was hearing a group of five petitions opposing the practice of eliminating criminals in fake encounters. The petitioners, including groups like CPDR

and PUCL, have asked that the police be guilty of murder in these encounters. PUCL counsel M A Rane today argued for the entire day. The other petitioners will be heard tomorrow. Special Public Prosecutor V R Manohar represented the police.

Tabulating deaths by encounters in the last three years, Rane said as per police records, nine encounters in 1995 killed nine. In 1996, 56 were killed and four injured in 43 encounters. And there have been 70 deaths in the current year (up to October 18). He said there was no doubt that these persons died at the hands of police, as is admitted in the FIR. He said,“They get a tip-off, plan a trap, criminals arrive in a vehicle and the police ask them to surrender. As soon as the criminal refuses to, they open fire as self-defence.” He said dead bodies of criminals showed bullet injuries on the head and chest. “The wounds show an intention to kill.

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Otherwise, the police would have just fired on the legs and disabled the criminal. Sada Pawle’s body had 17 external bullet marks.”Rane also pointed out that “All these criminals, without any exception, have died on their way to the hospital. How is it that not a single one remains alive to present his version and afford room for investigation?”

At this juncture, Justice Shah also referred to the odd `coincidence’ of criminals dying on their way to the hospital. “It is a fact that worries every conscientious citizen. I feel the need for a prima facie inquiry into these doubtful facts.”

Rane said a senior police officer investigating an encounter cannot be expected to be impartial enough to hold his brethren guilty of a custodial death. He said an independent body like the NHRC has to be instituted to look into the veracity of such deaths. Special Public Prosecutor Manohar vehemently objected to a blanket order for an inquiry. “One has to understand the dilemma of the police while dealing with criminals. Unlike a common man, the police cannot run away from violence. So they either kill the gangster or get themselves killed.”