Court underscores adherence to PUCL guidelines, emphasizing independent investigations and protection of human rights in police encounters
In a significant ruling, the Allahabad High Court has granted bail to Raju Alias Rajkumar, who sustained grievous injuries in a police encounter, while underscoring the importance of adhering to the Supreme Court's guidelines on police encounters. The decision, delivered by Justice Arun Kumar Singh Deshwal, highlights the necessity of independent and impartial investigations in cases of police encounters resulting in death or serious injury, as mandated by the Supreme Court in the 2014 PUCL v. State of Maharashtra case.
The bail application was filed in the backdrop of allegations of police misconduct where the applicant was injured in an encounter. The court noted several lapses in the procedural compliance of the Supreme Court's directives, including the failure to register an FIR immediately and conduct an investigation led by a senior officer.
Justice Deshwal emphasized the Supreme Court's directive that any police encounter resulting in death or grievous injury must be thoroughly investigated by the CID or a police team from another station, led by an officer senior to those involved in the encounter. The court also highlighted the necessity of recording the injured party's statement before a Magistrate or Medical Officer.
The judgment criticized the unjustified use of firearms by police for extraneous reasons, such as seeking promotions or enhancing public image, asserting that such actions cannot substitute for judicial punishment. The court reiterated the protection of life and dignity under Article 21 of the Constitution, aligning with international human rights standards.
The ruling also called upon the Additional Chief Secretary (Home) and the Director General of Police, U.P., to ensure strict compliance with these guidelines and warned of disciplinary actions against officers failing to adhere to them. The court further directed that no out-of-turn promotions or gallantry rewards should be given unless the gallantry is unquestionably established.
In granting bail, the court considered the applicant's extended incarceration, the lack of necessity for custodial interrogation, and the overcrowding of jails. The bail was granted with conditions to prevent misuse of liberty, ensuring the applicant's cooperation in the trial.
This judgment underscores the judicial oversight required in police encounters and the imperative for law enforcement to respect human dignity and follow due process, thereby reinforcing the rule of law and human rights in India.
Bottom Line:
Police encounters resulting in grievous injury or death must strictly adhere to the guidelines laid down by the Supreme Court in the case of People's Union for Civil Liberties (PUCL) v. State of Maharashtra, (2014) 10 SCC 635, ensuring independent and impartial investigations, medical aid for injured victims, and judicial oversight.
Statutory provision(s):
- Article 21 of the Constitution of India
- Article 141 of the Constitution of India
- Section 176 of the Code of Criminal Procedure
- Sections 305(a), 331(4), 317(2) of Bharatiya Nyaya Sanhita (BNS)
- Section 357-A of the Code of Criminal Procedure
Raju Alias Rajkumar v. State of U.P., (Allahabad) : Law Finder Doc Id # 2845826
