Court Calls for Mandatory Adherence to Supreme Court Guidelines Following Improper Investigation Practices
In a significant ruling, the Allahabad High Court has expressed grave concerns regarding police conduct in encounter cases, highlighting systemic failures to adhere to mandatory guidelines set by the Supreme Court. The judgment, delivered by Justice Arun Kumar Singh Deshwal on January 28, 2026, underscores non-compliance with established protocols in police encounters, particularly those resulting in grievous injuries or fatalities.
The court was hearing a bail application filed by Raju Alias Rajkumar, who sustained severe injuries in an alleged police encounter. Despite directives from the Supreme Court, the court found that the police failed to register a First Information Report (FIR) promptly, nor did they record the injured's statement before a Magistrate or Medical Officer. Furthermore, the investigation into the encounter was not conducted by an officer senior to the head of the police party involved, contravening judicial mandates.
Justice Deshwal emphasized the importance of conducting independent and impartial investigations in such cases, as outlined in the Supreme Court's judgment in People's Union for Civil Liberties (PUCL) v. State of Maharashtra. The court reiterated that the power to punish resides exclusively with the judiciary, and any encroachment by police into judicial functions is impermissible in a democratic state governed by the rule of law.
The judgment also noted the troubling trend of police encounters being misrepresented, particularly the practice of firing at the legs of accused persons to project encounters as legitimate. The court expressed concern that such practices may be employed to curry favor with higher officers or garner public sympathy, calling into question the integrity and accountability of police actions.
In response to these findings, the Allahabad High Court has directed the Additional Chief Secretary (Home) and the Director General of Police, Uttar Pradesh, to appear via video conferencing on January 30, 2026. They are to clarify whether any directives have been issued to fire upon accused persons during police encounters, and to ensure compliance with Supreme Court guidelines concerning FIR registration and investigation protocols.
This ruling serves as a crucial reminder of the judiciary's role in safeguarding the principles of justice and the rule of law, reaffirming the need for stringent adherence to procedural guidelines in police operations. The court's directive aims to prevent misuse of power and uphold the fundamental rights of individuals, ensuring that justice is served through lawful and transparent processes.
Bottom Line:
Compliance with Supreme Court guidelines on police encounters is mandatory. Non-registration of FIRs and improper investigation in police encounters resulting in grievous injuries violates the principles of rule of law and judicial mandates.
Statutory provision(s): Sections 305(a), 331(4), 317(2) of Bharatiya Nyaya Sanhita, 2023
Raju Alias Rajkumar v. State of U.P., (Allahabad) : Law Finder Doc id # 2845668
