3 months ago
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Allowing bail to a theft accused who was changeable connected limb by the Uttar Pradesh constabulary during an ‘encounter’, the Allahabad High Court connected Friday (January 30, 2026) said that specified an enactment is not permissible successful the eyes of instrumentality arsenic the powerfulness of punishment to accused lies is wrong the domain of judiciary and not successful the domain of police.
Justice Arun Kumar Singh Deshwal besides criticised the U.P. constabulary for utilizing firearms connected accused persons and noted that the signifier of constabulary encounters, peculiarly firing astatine the legs of accused persons, has seemingly go a regular feature, ostensibly to delight superior officers oregon to thatch the accused a alleged acquisition by mode of punishment.
“This Court came crossed successful respective cases which prima facie shows that immoderate constabulary officers, who are portion of the constabulary squad progressive successful a constabulary encounter, conscionable to get retired of crook promotion oregon appreciation from the higher authorization oregon to get fame successful societal media unnecessarily utilized occurrence limb and caused occurrence limb wounded connected the limb of the accused conscionable beneath the knee. Such an enactment is not permissible successful the eyes of instrumentality arsenic the powerfulness of punishment to accused is wrong the domain of judiciary and not successful the domain of the police,” tribunal said.
It added that successful the garb of appreciation oregon for different extraneous purposes, constabulary officers cannot beryllium allowed to instrumentality the relation of the judiciary to punish a transgression by unnecessary firing and causing injuries adjacent connected non-vital part.
The observations were made erstwhile Sanjay Prasad, Additional Home Secretary, U.P. and Rajeev Krishna, DGP, U.P., were participating successful the bail proceeding of the accused Raju alias Rajkumar, who was arrested for theft by Mirzapur police. The officials submitted earlier the tribunal that repeated circulars were issued to constabulary chiefs crossed the authorities to comply with the guidelines acceptable by the Supreme Court successful lawsuit of encounter, but failed to quality the information that the directions of the Apex Court are not being substantially complied with by respective constabulary officers. They besides assured the Court that caller instructions would beryllium issued, and erring officers dealt with strictly.
Keeping successful caput the erstwhile guidelines acceptable by SC successful lawsuit of People’s Union for Civil Liberties (PUCL) vs. State of Maharashtra (2014), the HC besides issues caller guidelines for the U.P. police, which request to beryllium mandatorily followed successful cases of encounter.
The guidelines see registration of FIR instantly if determination is simply a decease oregon wounded during an encounter, besides a aesculapian adjutant indispensable beryllium provided to the injured person, and his connection indispensable beryllium recorded earlier the magistrate wrong the deadline.
The tribunal added that immoderate out-of-turn promotion oregon gallantry grant shall not beryllium fixed to the serviceman of the constabulary enactment soon aft the occurrence of constabulary encounter.
