Extra-Judicial Killing: Real or Staged?
![handle is hein.journals/ijlmhs6 and id is 1494 raw text is: International Journal of Law Management & Humanities
Extra-Judicial Killing: Real or Staged?
NITISH SHAKYAI AND SHRISTI SINHA2
ABSTRACT
Primarily, encounters were rare, they were used as a way devised to affect with complex
situations and as a way of self-defence. However, in the 90s century the frequent and
uncontrolled rise in extrajudicial killings by police or military force created grave doubts
regarding the authenticity and purpose or intention behind the encounters. In between
1990s and mid-2000s, the Mumbai Police in India used extrajudicial killings to cripple the
underworld in the city and break down uncontrolled extortion rackets. Police officers, who
referred to as Encounter Specialists, believed that these killings in delivering speedy
justice to the society. From that period till early 2003, the police killed about 1200 alleged
criminals.
Though police or military officers were firm in its stand and supported encounters widely,
various human rights activists, social welfare associations and relatives of deceased
strongly opposed the encounters. They believe that encounters are a clear violation of
human rights and the constitutional right to life of the person under article 21 which
provides protection of life and personal liberty.
The research includes a detailed comparison of extrajudicial killing or 'encounter' and
fake 'encounter. Further, the study discusses the justifications given by the police or
military officer in favour of the extrajudicial killing and laws applicable in India, through
which police officer have vested some power for their safety at the time of arresting a
criminal. This paper also seeks to present in brief, the judicial and legal approaches
regarding the legality of encounters.
The Police has not come out of its colonial image. Despite 6 decades of independence the
Police is largely considered as a tool of harassment, oppression and surely not considered
a friend of the public. Arnesh Kumar v. State of Bihar?.
I. INTRODUCTION
India is the second largest democracy with the third largest economy in the world. Political,
social and economic developments gave rise to social complexities, which has led to an
immense increase in crime rates. The State with the help of police machinery, government
1 Author is a student of The ICFAI University, Dehradun, India.
2 Author is a student of The ICFAI University, Dehradun, India.
3 (2014) 8 SCC 273).
© 2020. International Journal of Law Management & Humanities [ISSN 2581-5369]
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[Vol. 3 Iss 4; 1509]](ViewImageLocal?handle=hein.journals/ijlmhs6&div=145&collection=&method=preview&ext=.png&size=3)
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Extra-Judicial Killing: Real or Staged?
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