Extra-judicial Kiliings have not been defined under any legal statute or a judicial precedent but different jurists,writers and international have discussed about extra-judicial killings.
Extra Judicial killings are situations in which law enforcement agencies use lethal force during an encounter with criminal suspects, and can become legal under specific circumstances and conditions.However,it is crucial to note that the legal framework for using lethal force by law enforcement agencies varies from country to country,and what is considered legal in one jurisdiction may not be in another.In India,for instance,encounter killings are generally unlawful,and the use of lethal force by the police is subject to strict legal standards.
JUDICIAL POSITION ON EXTRA JUDICAL KILLINGS
Honourable Apex court through its multiple judicial pronouncements has condemned the extra-judical killings by the law enforcement agencies and held that extra-judicial killings are violative to Article 14 and 21 as well as the violation of well established judicial principle of Principle of Natural Justice and Audi alterem partem. In Francis Corallie Mullin vs Union Territory of Delhi {1981] Justice P.N has said that Article 21 embodies a constitutional value of supreme importance.Furthe Justice Iyer characterized Article 21 as “the procedural Magna Carta protective of life and liberty.”
In Kharak Singh vs State of Uttar Pradesh Honourable Apex court quoted and held: “By the term “life” as here used is something more is meant than mere animal existence.”
In PUCL vs State of Maharashtra, Honourable Supreme Court has laid down 16 point guidelines which needs to be followed in the case of an encounter,some of them are: registration of FIR under section 154 of C ode of Criminal Procedure, magisterial inquiry under section 176 of Code of Criminal Procedure, sending inquiry report to judicial magistrate under section 190 of Code of Criminal Procedure and giving due compensation to the kin’s of the deceased’s.These guidelines have been flouted by the investigating agencies more frequently then they should have been followed.
INTERNATIONAL POSITION ON EXTRA JUDICIAL KILLINGS
It must be noted that India has been heavily criticized for not ratifying the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment {UNCAT} of 1987 despite being the world’s largest democracy.The main concern is the violation of rights and lack of transparency as overstepping on the function of the judiciary is fatal. Further, even Article 6 of The International Covenant on Civil and Political Rights ,to which India is signatory states that “every human being has the inherent right to life and his right shall be protected by law. No one shall be arbitrarily deprived of his life.”
Certainly,the Universal Declaration of Human Rights of which India is a member also condemns the extra-judicial killings and holds a persuasive value in the eyes of law. Article 3 of UDHR recognizes the inherent right to life and liberty with dignity.
WAY FORWARD TO DEAL WITH EXTRA JUDICIAL KILLINGS
In Prakash Kadam vs Ram Prasad Vishwa Gupta,honourable Apex court held that when an extra judicial execution is proved against a policemen in a trial,they must be given death sentence.
In Davinder Singh vs State of Punjab honourable Supreme Court in cases where public servant has exceeded in his duty and that action has no reasonable connection with the incident,it will deprive him of protection under section 197 of Code of Criminal Procedure.There cannot be a universal rule to determine whether there is a reasonable rule. In case the assault is made intrinsically connected with or related to performance of official duties sanction would be necessary under section 197 of Code of Criminal Procedure but such relation to duty would not be an fanciful claim and it is no part of official duty to commit offence.
In PUCL vs State Of Maharashtra, a two judge bench of CJI RM Lodha and Justice Nariman held that in a society governed by Rule of Law it is imperative that extra judicial killings are properly investigated so that justice may be done.
Author: NAKUL SHRIVASTAVA FROM FACULTY OF LAW,UNIVERSITY OF DELHI IN FIRST SEMSETER.
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