2014 Supreme(SC) 701

SUPREME COURT OF INDIA
R.M. Lodha, CJI., Rohinton Fali Nariman, J.
People’s Union for Civil Liberties & Anr. - Appellants
Versus
State of Maharashtra & Ors. - Respondents
CRIMINAL APPEAL NO.1255 OF 1999, CRIMINAL APPEAL NO.1256 OF 1999 CRIMINAL APPEAL NO.1367 OF 1999 WRIT PETITION (C) NO.316 OF 2008 CONTEMPT PETITION (C) No.47 OF 2011
IN WRIT PETITION (C) NO.316 OF 2008 TRANSFERRED CASE (C) NO.27 OF 2011
Decided on: 23-09-2014

IMPORTANT POINT
Fake encounters—Killings in police encounters require independent investigation.

Headnote:(A) Constitution of India—Article 21—Fake encounters—Need to curb the menace—Guarantee by Article 21 is available to every person and even State has no authority to violate that right—It is constitutional duty of Apex Court to put in place certain guidelines adherence to which would help in bringing to justice perpetrators of crime who take law in their own hands— Article 21 confers sacred and cherished right under Constitution which cannot be violated, except according to procedure established by law. (Paras 7 and 11)

       (B) Constitution of India—Article 21—Fake encounters—Need to curb the menace—In some of countries when a police firearms officer is involved in a shooting, there are strict guidelines and procedures in place to ensure that what has happened is thoroughly investigated—In India, such structured guidelines and procedures are not in place where police is involved in shooting and death of subject occurs in such shooting. (Paras 11 and 16)

       [(1997) 1 SCC 416] ; [(2012) 12 SCC 72] ; [(1989) 2 SCC 314]—Relied.

       (C) Constitution of India—Article 21—Fake encounters—Need to curb the menace—Killings in police encounters require independent investigation—Killings in police encounters affect credibility of rule of law and administration of criminal justice system—Police in India has to perform a difficult and delicate task, particularly, when many hardcore criminals, like, extremists, terrorists, drug peddlers, smugglers who have organized gangs, have taken strong roots in society but then such criminals must be dealt with by police in an efficient and effective manner so as to bring them to justice by following rule of law—It would be useful and effective to structure appropriate guidelines to restore faith of people in police force—In a society governed by rule of law, it is imperative that extra-judicial killings are properly and independently investigated so that justice may be done. (Paras 17, 24 and 25)

       [1994 Supp (1) SCC 143] ; [(2011) 6 SCC 1] ; [(2011) 6 SCC 189] ; [(2012) 12 SCC 72] ; [(2013) 11 SCC 525] ; [(2013) 14 SCC 290]—Relied.

       (D) Constitution of India—Article 21—Fake encounters—Remedial measures—Principles framed by Universal Declaration of Human Rights are intended to guarantee independence while investigating police killings and help in preventing potential for abuse, corruption, ineffectiveness and neglect in investigation—Basic human rights standards for good conduct by Law Enforcement Officers by Amnesty International, suggest, do not use force except when strictly necessary and to minimum extent required under the circumstances and do not carry out, order or cover up extra-judicial executions or disappearances and refuse to obey any order to do so—Minnesota Protocol sets principles and medico legal standards for investigation and prevention of extra legal, arbitrary and summary executions—A system for investigating cause of death in cases of unusual or suspicious circumstances is in place in most countries. (Paras 27 to 30)

       (E) Constitution of India—Article 21—Fake encounters—Remedial measures—Magisterial inquiry under Section 176 of Cr.P.C. must invariably be held in all cases of death which occur in course of police firing and a report thereof must be sent to concerned Judicial Magistrate— Involvement of NHRC is not necessary unless there is serious doubt about independent and impartial investigation—However, information of incident without any delay must be sent to NHRC or State Human Rights Commission—Scheme provided under Section 357-A of Cr.P.C. must be applied in matter of compensation in such cases—If on conclusion of investigation materials/evidence having come on record show that death had occurred by use of firearm amounting to offence under the IPC, disciplinary action against such officer must be promptly initiated and he be placed under suspension—No out-of-turn promotion or instant gallantry rewards shall be bestowed on concerned officers soon after occurrence—If family of victim finds that above procedure has not been followed or there exists a pattern of abuse or lack of independent investigation or impartiality by any of functionaries as above mentioned, it may make complaint to Sessions Judge having territorial jurisdiction over place of incident—Upon such complaint being made, concerned Sessions Judge shall look into merits of complaint and address grievances raised therein. (Paras 31 to 33)

       Facts of case—

       In present writ petitions which were filed by People’s Union for Civil Liberties (PUCL) before Bombay High Court, issue of genuineness or otherwise of nearly 99 encounters between Mumbai Police and alleged criminals resulting in death of about 135 persons between 1995 and 1997 was raised and figures were sought in order to curb menace of fake encounter killings..

       Findings of Court—

       Requirements / norms laid down in this Judgment must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of Constitution of India.