Encounter Culture Among the Police Personnel’s a Matter of Great Concern Plea Filed in Apex Court seeks Independent Inquiry in Alleged Killings in Up’s Jail

(Judicial Quest News Network)

A petition has been file in Supreme Court by a Advocate seeking an independent inquiry into the latest killings happened in Chitrakot Jail of Uttar Pradesh by the Central law enforcing agencies like CBI or NIA under the direct supervision of Supreme Court.

The petitioner seeks a direction or Order/s appointing a Central Agency like Central Bureau of Investigation (CBI) or a Counter Terrorist agency like National Investigation Agency (NIA) under the supervision of this Hon’ble Court to investigate into the issues relating to the killings of 3 under trial jail inmates happened in the Chitrakoot jail, District Chitrakoot of Uttar Pradesh on 14.07 .2021and fix accountability and take appropriate action against whosoever may be found responsible.

The plea filed by Advocate Anoop Prakash Awasthi.

Chief Minister of Uttar Pradesh Shri Aditya Nath Yogi has openly the culture of encounters/extrajudicial killings and after becoming Chief Minister in 2017 has gone on record to say ‘? police in UP will now respond to a bullet with a bullet. Unlike the previous government, I have given full authority to the force to deal with criminals in the most appropriate way possible” and reportedly announced in the UP-state assembly “apradhiyon la thok diya jayega” meaning thereby that “criminals will be killed” completely forgetting the enshrined ideals of separation of power intertwined in the basic structure of our constitution and fundamental right to life under Article 21, and thus encroached upon.

It is further submitted that in our system a life can be taken only through the procedure established by law by following due process through our judicial machinery prescribed in our constitution.

Petitioner had earlier also filed a Public Interest Litigation on identical issues relating to the extra-judicial killings in the State of Uttar Pradesh which is pending before this Hon’ble Court.

The petitioner asks that the state policy of extra-judicial killing can be

justified and accepted in a constitution democracy governed by rule of law?

The biggest worry qua the extra-judicial killings if gone unchecked is

that the life of any citizen can be taken anytime by the state agencies.

Any enmity or private dispute or quest of settling private score rnay

lead to filing of few criminal cases in some police station against the

undesired person, branding him a dreaded criminal within days, to be

taken into custody as under trial, and fellow may be eliminated by

being shot anytime anywhere by the police/law enforcement authorities

on any false pretext like attempt of snatching a rifle or pistol of a fellow

police personnel during transportation or even inside the jail.

It is submitted subject incident of killing in jail or encounters is not the

only stray incident. Few years ago, one Munna Bajrangi was shot dead

in almost similar dramatic manner inside the Bagpat Jail of Uttar

Pradesh.

Vikas Dubey encounter happened last year is another example

where this Hon’ble Apex Court intervened and matter is still pending.

There have been several hundred encounters with hundreds of killing

in the State of Uttar Pradesh since 2017 till date which not only

alarming but equally disturbing.

It is submitted that when there was much hue and cry on the killing of said Vikas Dubey, the State Government of UP came with a rebuttal list wherein it was admitted that 124 criminals have been eliminated including 45 minorities and I I baramins and 58 others were killed in

l4l Encounters.

In a mature, civilized, democratic, rule of law-based county like India,

history of violence should be remembered, not repeated but in the State

of Uttar Pradesh, a battle of Agincourt is being fought in its jails were

the police,

 under the direct orders of the top of the administration is summerly executing the prisoners on frivolous excuses like snatching of pistol or firing by the dead, defying conscience, constitution, fundamental rights, human rights and this culture of violence promoted in the state of UP militates against the basic notion of very rule of law where violence has become a collective enterprise to portray the authority of government and obscure its failures.