Saturday, July 11, 2020

The Staged Police Encounters – Extra Judicial Killings

The Staged Police Encounters – Extra Judicial Killings

Sahir Ludhianvi’s famous poetry (Nazam) – Jine Naaz Hai Hind Per Woh Kahan Hain (Those who are proud of India, where are they) and Dr. B.R. Ambedkar’s warning in the Constituent Assembly in which he used the terminology of “Grammar of Anarchy” came alive in the wake of the serial killings  over a few of days time by the UP police in allegedly fake and staged encounters in the run up to apprehending  a dreaded gangster Vikas Dubey after he committed an heinous crime of killing 8 police personnel in Kanpur on July 3. The climax of the sordid matter came today, July 10 when the main culprit Vikas Dubey was also killed in a police encounter on the way to Kanpur after his arrest/surrender in Ujjain in Madhya Pradesh yesterday, July 9. It is a matter of regret and worry that these events are unbecoming of a civilized society and a democratic polity which India professes to be. The very edifice of our constitutional framework is threatened by these condemnable and shameful behavior and actions and that too allegedly by the authorities of the state like the police on the bidding of their political masters. I wonder where our supposedly active and alive judiciary is sleeping. Why are they not taking a suo motto note of these happenings, as custodians and protectors of the constitution, and give necessary advice and direction to the government as they deem fit. The governments and the political players may have their vested political interests but, I believe, the judiciary should not have such compulsions. Some immediate action by the judiciary and the civil society is called for to save the very fundamentals of the “Rule of Law” which is the perquisite of a democratic set up like we profess to have in India.

There is no point in wasting time as to how Vikas Dubey and the members of his gang were eliminated by the police in said to be encounters. The media reports of the police version and the reaction of those who don’t agree with the police version are open to study and scrutiny. It seems that there was no police, no administration and no political decision to check-out Vikas Dubey and his cohorts before July 3 when he killed 8 policemen in cold blood and for 6 days could not be apprehended. All of a sudden Vikas Dubey became one of the most wanted criminals. The most wanted criminal is arrested or taken into custody in Ujjain. Without any police or judicial remand he was being shifted to Kanpur without hand-cuffs or any other modus to disable him from doing any untoward action in transit. Anyway, there is no point in arguing over this point. But the circumstances and outcome of police action are clearly evident that police and the government “do not care two hoots” for the procedure laid down to handle such cases as asserted by Journalist Rahul Kanwal of Aaj Tak. They are, it seems, following the dictum “show me the face and I will show you the rule”. It is also well known that Vikas Dubey enjoyed unstinted political support from all parties and their leadership and the police at all levels of its hierarchy were fully hand in glove with the gangster and his gang. The tragedy of our polity, unfortunately, is that we are not ready to accept these ground realities. It is a shameful negation to our democratic set up. What to do? The things are getting bad to worse. It sends shivers to my spine when I am reminded of the warning of the father of our constitution when he posed a question in his last address to the Constituent Assembly on November 25, 1949 ‘Will we lose our freedom again’ due to the treachery of our own people. For this, it seems, the nefarious nexus among the “khadi – Khaki and the Steel Frame” to support and nurture the goons and gangsters to serve their vested interests must be broken. We are to bring back the rule of law to book the gangsters and anti social elements in the society. Fake or staged encounters are not the answer. It seems nobody is ready to take the lead to stop this nonsense. That is why I have taken the liberty of suggesting a Suo Motto action by the Supreme Court to hold the sanctity of the law of the land and ward of the dangers of pushing the country to “Grammar of Anarchy”.

It would be foolish on the part of any sane citizen to support the history-sheeters, gangsters, anti social elements. But if we are to live in a civilized society in a democratic set-up, we are to conduct ourselves under the “Rule of Law” to deal with these elements who are challenging the system. Retired Supreme Court Judge Markandey Katju termed such fake or staged encounters as “extra-judicial killings. The Article 21 of our constitution stipulates, “No person will be deprived of his life or personal liberty accept in accordance with the procedure established by law.” Accordingly, Supreme court in a case observed that fake “encounters” by the police were nothing but “cold blooded murders” and those committing these must be given death sentence placing them under the category of “rarest of the rare” case.

I am no expert on the subject and have written this as a law abiding common citizen of India. We ushered ourselves into a democratic system on January 26, 1950 under the constitution but, unfortunately, even after 70 long years could not change the feudal mindset to deal with the social and legal aspects of our living. We must adhere to the principles of “Rule of Law” to save our country and its democratic edifice.

Masjid To Bana Di Shab Bhar Mein Iman Ki Hararat  Walon Ne
Mann Apna Purana Papi Hai, Barsoun Mein Namazi Ban Na Saka

Though the mosque was built overnight by the believers
Our heart being old sinner for years devout could not be

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