[This is a very welcome judgement, no doubt about that. How effective it'll prove, given the general administrative/political apathy - just an illustration is provided at sl. no. II below, remains, however, to be seen.
Attached herewith is a copy of the subject judgement.] I/II. http://www.hindustantimes.com/india-news/supreme-court-cracks-down-on-police-encounter-killings/article1-1267528.aspx?htsw0023 Encounter killings impact credibility of law: SCBhadra Sinha <http://www.hindustantimes.com/Search/search.aspx?q=Bhadra%20Sinha&op=auth>, Hindustan Times New Delhi, September 23, 2014 First Published: 19:04 IST(23/9/2014) | Last Updated: 00:38 IST(24/9/2014) Police encounter killings affect the credibility of the rule of law and the administration of the criminal justice system, the Supreme Court said on Tuesday. The SC said that every death at police hands must be independently investigated and no officer should be rewarded till their gallantry is established beyond doubt. Ordering a mandatory magisterial inquiry into encounter cases, a bench headed by Chief Justice RM Lodha insisted the time had come to "bring to justice the perpetrators of the crime who took law in their own hands." This was necessary to "restore faith of the people in police force." The landmark verdict lays down elaborate guidelines to be followed in investigating all cases of death and grievous injury in police encounters cases, which continue to occur in spite of constitutional provisions safeguarding the personal liberty and life of citizens. The state CID or police team of another police station shall now conduct an independent investigation into the encounter. "It is imperative the extra-judicial killings are properly and independently investigated to that justice may be done," the bench said. Whenever the police receives intelligence tip-off regarding criminal movements, it shall be reduced to writing, the bench said. It could either be in a case diary or in some electronic form. Details of the suspect or the location to which the party is headed may not be noted. A report on the killing must be sent to the judicial magistrate, SC said disposing a PIL by NGO People's Union for Civil Liberties (PUCL) asking framing of guidelines in encounter cases. It alleged 99 encounters took place in Mumbai resulting in death of about 135 persons between 1995 and 1997. II. http://www.sify.com/news/bjp-gives-guarded-response-to-sc-guidelines-on-fake-encounters-news-national-ojxqJmeahbegi.html BJP gives 'guarded' response to SC guidelines on fake encounters Source : [image: ANI] <http://www.sify.com/news/moreheadlines/source/ani.html> Last Updated: Tue, Sep 23, 2014 17:23 hrs Giving a guarded response to the Supreme Court's fresh guidelines fake encounter cases, Bharatiya Janata Party (BJP) spokesperson Nalin Kohli said on Tuesday that while any fake encounter was incorrect, such incidents do take place in the line of duty. "One will have to wait for the details till it come out and one will have to see what are the details in the judgement. As a preliminary thing it can be said any false encounter is incorrect. However, in the line of duty encounters can take place especially while dealing with the criminals or terrorists activities," Kohli told ANI here. "So, one has to wait. I am sure at an appropriate time after studying the judgement, the appropriate ministry or the concerned persons will definitely speak on it," he added. Issuing a set of guidelines on Tuesday, the Supreme Court stated that in case of a fake encounter, the government should order immediate filing of a First Information Report (FIR) and a magisterial probe into the incident. The court further said that either the Criminal Investigation Departments or a separate police station must conduct an independent probe in case of fake encounter cases. Along with that the policemen will also record tip-offs given to them about the criminals that result in encounters. While hearing on a 1999 petition filed by one Surat Singh, the apex court said that the policeman involved in the encounter shall surrender the arms, weapons and ammunition after the encounter. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at http://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
Supreme Court Judgment- Norms on Investigation of Encounters.pdf
Description: Adobe PDF document
