Allahabad HC raps police over frequent gun encounters, grants bail to accused

However, not being satisfied with their answers, the court directed that there should be an investigation by CBCID or police team of any other police station in case an encounter takes place and results in grievous injury to the accused.

The Allahabad High Court on Friday granted bail to an accused and rapped police over frequent incidents of firing at accused in knee or below. The court also hinted that such encounters were staged for an out of turn promotion or to become famous in social media. ''Such (an) act is not permissible in the eyes of law as the power of punishment to the accused is within the domain of judiciary and not in the domain of police. India is a democratic country. It has to be run as per the ethos and directions of the Constitution of India which clearly distinguishes the role of legislature, executive and judiciary,'' the court said. Justice Arun Kumar Singh Deshwal, while granting bail to Raju alias Raj Kumar, said the officers cannot be allowed to punish a criminal by ''unnecessary firing and causing injuries even on non-vital part.'' Following an earlier direction of the court, Sanjay Prasad, Additional Home Secretary, UP and Director General of Police Rajeev Krishna appeared before the high court on Friday through video conferencing. Both of them submitted circulars dated August 1, 2017, and October 11, 2024, were issued to comply with the direction of the apex court in the case of People's Union for Civil Liberties (PUCL) vs State of Maharashtra (2014) regarding police encounter wherein death or grievous injuries occurred. However, not being satisfied with their answers, the court directed that there should be an investigation by CBCID or police team of any other police station in case an encounter takes place and results in grievous injury to the accused. It said that it was not necessary to name the members of the police team involved in the FIR, and that whether they belonged to a special task force or regular police would suffice. The injured criminal should be provided medical aid and their injury should be examined once a statement has been recorded before a magistrate or medical officer, the court said. ''After complete investigation into the incident of police encounter, a report should be sent to the competent court who will follow the procedure as mentioned in the judgement given by the Apex Court in PUCL's case,'' the court said. It added, ''Out of turn promotion or gallantry award shall not be given to the officer of the police party soon after occurrence of police encounter. It must be ensured that such rewards are given or recommended only when the gallantry of the person is established beyond doubt by a committee constituted by the police head.'' The court directed that if the family of the injured finds lapses in police procedure, then they make a complaint to the Sessions Judge.

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