In a turnout of events, early today morning at around 03:00 AM, all four accused in the Hyderabad rape case of a 26-year-old vet were brought to the crime scene for the reconstruction of the crime scene for investigation. However, it is being said by police sources that they tried to escape and snatch the police weapon, which led to an encounter resulting in the death of all the four justice. Soon after this news broke, the public and some eminent public personnel have been ‘celebrating’ the encounter. The accused were in the remand of the police since their arrest, seven days ago. They were first taken to the toll plaza of Shamshabad, where the accused allegedly spotted Dr Disha for the first time and conspired to execute the heinous crime. When they were brought to the highway, where the body of the rape-victim was found, they tried to escape. They ran towards the field, as alleged by the police. It is also being stated that they were not handcuffed. Their escape led to rounds of shooting which eventually led to their on the spot death. It is being reported, that two police personnel also got injured in the encounter, due to firing by the accused.
After the news was served fresh to the people of the country early morning, the reactions have mostly been of relief and celebration. At the spot of encounter, people have gathered in huge numbers and showering flowers on the police personnel. The act of the police is being applauded by the family of the victim as well. The father of the victim says in a statement that it is a relief to the soul of Disha. The country is echoing with slogans of ‘Police Zindabad’ (long-live Hyderabad Police) applauding the said encounter. The encounter of rape accused is being justified in contrast with the accused of the Nirbhaya gang-rape case, where justice has not been served for the past seven years. It also comes when just a day ago when the Unnao rape victim was set on fire ablaze while she was on her way to a hearing. The accused in the said matter was released on bail.
Shortcut to justice, how justified is it?
Surely, there is frustration among the people of the country in their constant quest for justice. The feeling of failure amongst the people is because of the procedural delay and advantage of the legal loopholes, where people are left without any judgment. However, how legitimate is the instant justice by police supposed to be the protectors of the law. Encounter is to be undertaken only in grave situations when there is no other option available. Moreover, even in police encounters, the shot is to be proportionate only to disable the accused from escaping. However, the enquiry is to be done as to the gravity of the attack by the police that led to the death of all the four accused. The said encounter is being appreciated by BSP chief, Mayawati. She says that she wished the Delhi police did a similar better job in the Nirbhaya case as well. She says we are seeing that the rape-accused are being treated as guests of the nation and not criminals.
Supreme Court guidelines for police ecnounter.
The encounter will have to be tested against the guidelines of the Supreme Court in the case of Peoples’ Union of Civil Liberties v. Union of India. It has to be seen whether or not it was a genuine encounter. A police encounter has to be followed by a mandatory magisterial inquiry for encounter deaths in police custody. The public across the country might have applauded them, but the legal implications of the action will have to follow, and the involved police forces will have to justify themselves. If it is found that the encounter violated the said guidelines, then then it can only be told that one violation of law was met with another, and the entire system is failing.
Criminal Justice System of India is failing.
It surely might have served well the anger among the people of the country, but there are other questions which arise here. It is time to think about whether we are moving to a system when the law will be taken in the hands of the police. The least we can do at a stage like this is not to celebrate the police encounter unless the police story is verified and corroborated with other evidence. The satisfaction and happiness are seen today morning amongst the people of the nation are not only concerning but suggests that people have stopped to trust the criminal justice system of the country.
Vrinda Grover, an eminent human rights lawyer, said in a statement to NDTV that this is absolutely unacceptable. She has said that we do not want this form of ‘trigger happy justice’. There must be an independent judicial inquiry into this alleged ‘encounter’. There must be accountability of the police.