Terrorism should not be combated by state terrorism — Verma

Justice Verma said human rights and security operation were not adverse to each other, only the fine dividing line between the two should always be observed. He said the preamble of the Constitution states that dignity of the individual and unity and integrity of the nation should be maintained, as both of them were of prime significance.

The experience has shown that any high-handed action by the security forces to contain terrorist activity has only increased the support for the cause espoused by the terrorists. When a person is killed in a fake encounter, it shatters his family members and gives them enough reason to join terrorisms.

“Under the normal circumstances the role of investigation, prosecution, adjudication and execution never rests with the same agency, which was not the case with fake encounters or torture in custody as all these roles were then usurped by one agency. Methods which were contrary to or forbidden under our own legal system, should not be done in other circumstances.”

However, he admitted that in emergencies like hijacks, the situation was different as killing hijackers to save passengers was laudable, but murdering them in cold blood after they surrendered or were getting apprehended was a human rights violation. Using force to prevent greater harm to the society or people was not objected to, only its abuse is condemned, he said.