The Supreme Court on Tuesday laid down standard operating procedures (SOP) for the police to be followed in cases of encounter deaths.
Making it mandatory for police to record every tip-off or information in writing and register FIR for any death or grievous injury that occurs, a bench headed by Chief Justice RM lodha held that till a Magisterial enquiry established beyond doubt the role of the concerned officer, he or she will not be entitled to any gallantry medal or out of turn promotion.
The judgement came on a set of PIls that sought intervention of the court to frame guidelines for investigation into encounter deaths. The first PIl in this regard was filed by NGO Peoples Union for Civil liberties (PUCl), which called into question the encounter deaths that took place in Maharashtra between 1995 and 1997. In 99 encounters during that period, about 135 alleged criminals were killed.
The absence of any guidelines or procedures to regulate police shooting incidents, which are common across the country, made the court seek views of the petitioners, Centre, State Governments and even seek assistance from several countries having strict guidelines in this regard.
laying down a 16-point procedure to be adopted by all police forces, the bench, also comprising Justice Rohington Nariman said, “If pursuant to a tip-off or receipt of any intelligence (to be reduced into writing without revealing details of suspect or location), encounter takes place and firearm is used by the police party and as a result of that, death occurs, an FIR to that effect shall be registered and the same shall be forwarded to the Court without any delay.” The officer will have to surrender his/her weapon for forensic and ballistic analysis.
The police will be duty-bound to inform the kin of the deceased at the earliest and even provide them with compensation under the scheme of Criminal Procedure Code Section 357A. The family will have the liberty to report any instance of abuse of power or partiality on part of police to the Sessions Judge.
To ensure fairness, the incident will be investigated by the CID or police team of another police station (other than the one involving officers in the encounter) and be supervised by an officer who shall be a rank above that of the personnel involved in the encounter. Where death has occurred, a Magisterial enquiry will proceed independent of the police investigation and both reports have to be sent to the Judicial Magistrate or competent court for expeditious trial.
If the Court concludes that the death resulted from police firearm, “disciplinary action against such officer must be promptly initiated and he be placed under suspension.” Further, the Court held, “No out of turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence…and only when the gallantry of the concerned officer is established beyond doubt.”
The guidelines even required DGPs of all States to present a six-monthly report of all encounter deaths to NHRC or State human rights commissions by the 15th day of January and July.