Fake Encounter Probes: Police Accountability
Fake encounters—extrajudicial killings by law enforcement officials under the pretext of self-defense or resistance—pose a serious threat to rule of law, human rights, and public trust in policing. Ensuring police accountability in such cases is essential to uphold constitutional values, judicial oversight, and democratic governance in India.
The Constitution of India, under Articles 14, 21, and 22, guarantees equality before the law, protection of life and personal liberty, and safeguards against arbitrary detention. Fake encounters directly violate these rights, undermining the principle of due process. The judiciary has repeatedly emphasized that no individual can be deprived of life or liberty outside the framework of law, and police powers are not absolute.
Investigations into alleged fake encounters often reveal systemic failures, including lack of proper supervision, internal collusion, political pressure, and poor adherence to procedural safeguards. To ensure accountability, the Supreme Court has mandated independent probes, often under judicial supervision or through Central agencies like the CBI or SIT, rather than relying solely on local police investigations, which may be conflicted or biased.
Key judicial directives in landmark cases, such as People’s Union for Civil Liberties (PUCL) v. State of Maharashtra (1997), have established principles for accountability:
- Independent Investigation – All encounter deaths must be investigated by independent agencies, preferably outside the state where the incident occurred, to ensure impartiality.
- Judicial Oversight – Courts must monitor investigations, ensuring transparency, timely reporting, and adherence to procedural norms.
- Forensic and Documentary Evidence – Investigations must rely on forensic reports, medical examinations, ballistic evidence, and digital records, rather than merely police affidavits.
- Prosecution and Trial – Officers found responsible should face criminal prosecution under IPC Sections 302, 304, and related provisions, ensuring that state machinery is not above the law.
- Preventive Measures – Police procedures must include standard operating protocols for arrests, use of force, and encounter reporting, reducing the risk of extrajudicial killings.
The National Human Rights Commission (NHRC) also plays a crucial role in monitoring encounter cases, recommending compensation to victims’ families, and guiding states to implement reforms in policing practices. These mechanisms collectively aim to instill a culture of accountability, ethical conduct, and respect for human rights within the police force.
Accountability in fake encounter cases is not only legal but also moral and democratic. Extrajudicial actions erode public confidence in law enforcement, lead to social unrest, and damage India’s international human rights standing. Judicial pronouncements insist that police cannot act as judge, jury, and executioner, and the rule of law must prevail even under challenging law-and-order situations.
In conclusion, fake encounter probes are a critical instrument for police accountability in India. Through independent investigations, judicial oversight, forensic evidence, and strict prosecution, the judiciary ensures that law enforcement agencies operate within the constitutional framework. Upholding accountability safeguards fundamental rights, strengthens public trust, and reinforces the principle that no one is above the law, making police conduct transparent, ethical, and aligned with democratic values.