By Admin 
Allahabad High Court has taken a tough stance on the increasing incidents of alleged half encounters in Uttar Pradesh. Expressing serious concern over the tendency of shooting the accused in the legs and later calling it an encounter, the court said that only the courts have the right to punish, not the police. The court made it clear that any kind of encroachment into judicial jurisdiction by the police is unacceptable, because India is a democratic country where governance is governed by law.
The High Court, while seeking answers from the state DGP and the Home Secretary, has asked whether any oral or written instructions have been issued to the police officers regarding shooting in the legs or other parts of the body of the accused. The court remarked that such encounters were now becoming a regular occurrence, allegedly aimed at appeasing senior officers or teaching a lesson to the accused.
No policeman was injured in these incidents – High Court
The court also said that it often comes across such cases in which even in minor crimes, the police open indiscriminately and turn the incidents into encounters. The court made this comment during the hearing of the bail pleas of Raju alias Rajkumar of Mirzapur and two other accused who were injured in separate police encounters. The court noted that no policeman was injured in these incidents, raising questions about the necessity and proportionality of the use of force.
In one case, the court had earlier asked the state government whether an FIR was registered regarding the alleged encounter and whether the statement of the injured was recorded before the magistrate or medical officer. It was told by the state that FIR was registered, but the statement of the injured was neither recorded before the magistrate nor any doctor. It was also informed that initially the investigation was handed over to a sub-inspector, who was later transferred to an inspector.
Stis Arun Kumar Singh Deshwal’s hearing was held in a single bench.
Considering the arguments, the High Court said that the guidelines regarding encounter laid down by the Supreme Court do not seem to be followed in these cases. This hearing took place in the single bench of Justice Arun Kumar Singh Deshwal.