Allahabad HC questions UP Police over ‘half encounters’, seeks explanation from DGP, Home Secretary
Allahabad: The Allahabad High Court has come down heavily on the Uttar Pradesh Police over the alleged practice of shooting accused persons in the legs and projecting such incidents as armed encounters, observing that the trend, commonly referred to as “half encounters”, has no sanction under the law.
A bench headed by Justice Arun Kumar Deshwal directed Uttar Pradesh Director General of Police Rajiv Krishna and Additional Chief Secretary (Home) Sanjay Prasad to appear via video conferencing and clarify whether any oral or written instructions had been issued to police personnel to carry out such actions and portray them as encounters.
According to a Bar & Bench report, the court remarked that incidents of accused persons being shot in the legs appear to have become routine in the state. Justice Deshwal noted that such acts seem aimed at earning publicity, pleasing senior officers, or delivering what the police perceive as instant punishment. He underlined that such conduct is wholly impermissible, as the authority to punish rests exclusively with the judiciary.
The court said India is governed by the Constitution, which clearly demarcates the roles of the executive, legislature and judiciary, and that the police cannot assume the role of courts. “The power to punish lies with the judiciary, not with the police,” the court reiterated.
The observations were made while hearing bail applications of three accused who had sustained injuries in separate alleged encounters with the police. The court took note of the fact that no police personnel were injured in these incidents, which raised doubts about the necessity and proportionality of the use of firearms.
In one case, the High Court pointed out that although an FIR had been registered, the injured accused’s statement was not recorded before a magistrate or medical officer, which violates the Supreme Court guidelines. The investigation was initially conducted by a sub-inspector and later transferred to an inspector, which the court said amounted to non-compliance with the directions laid down by the Supreme Court in the PUCL versus State of Maharashtra case.
Taking a stringent view, the court laid down six mandatory guidelines to be followed in cases where an accused suffers grievous injuries during a police encounter. It warned that district-level police heads, including superintendents of police, senior superintendents and commissioners, would face personal contempt proceedings if these directions are violated in their jurisdictions, as reported by the Bar & Bench.
The court also expressed concern over reports of police officers exerting pressure on judicial officers, including chief judicial magistrates, to secure favourable orders. Cautioning against the erosion of institutional boundaries, Justice Deshwal said Uttar Pradesh cannot be allowed to function as a police state and stressed the importance of mutual respect between the police and the judiciary.
In response, DGP Rajiv Krishna assured the court that clear instructions would be issued to ensure strict compliance with the law and Supreme Court guidelines. “The majesty of law is supreme,” he told the court.
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SIT formed to probe realtor C J Roy’s suicide case
Bengaluru (PTI): An SIT has been formed to probe the death of realtor C J Roy who allegedly shot himself when the Income Tax team was conducting searches in his office in Bengaluru, police said.
"In order to ensure a comprehensive and meticulous investigation into this case, the Commissioner of Police, Bengaluru City, Seemanth Kumar Singh has ordered the constitution of a Special Investigation Team (SIT) and directed that the investigation of the case be transferred to the team,” a statement issued by the Bengaluru police said on Saturday.
The SIT will be headed by the Joint Commissioner of Police, West Zone, C Vamshi Krishna.
The Deputy Commissioner of Police (DCP) of South Division, Lokesh Jagalasar will function as the Investigating Officer.
In addition, the Central Division DCP Akshay Hake along with other senior officers deputed from various divisions and special units will be members of the team.
According to the statement, the SIT has been empowered to induct additional officers and resources as required for the purposes of the investigation.
All officers have been instructed to extend full cooperation to ensure that a lawful, prompt, and effective investigation is conducted.
All aspects of the case will be thoroughly examined, and relevant information will be communicated to the public in the coming days.
Speaking to PTI, Karnataka Home Minister G Parameshwara said, “We will see what the findings are. I can’t say anything right now till we find out what factors pushed him to that stage.”
Real estate tycoon Roy, who was in his late 50s, suffered bullet injuries from his licensed firearm at his office near Richmond Circle in the city.
Soon after a gunshot was heard, staff members rushed to his room and found him lying in a pool of blood. He was immediately taken to a hospital, where doctors declared him dead.
I-T sources said searches on Roy's premises had begun about two months ago.
Roy's brother has alleged that he might have taken the extreme step due to pressure from the central agency.
Originally from Kerala, Roy was also the honorary counsel of the Slovak Republic, according to the Police Commissioner.
