Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court
Encounters show weakness of legal system, impatience for rule of law.
By : migrator
Update: 2022-01-16 21:17 GMT
Chennai
I would like to know how our law interprets encounter killing. Most often, the police officers involved have the last laugh because the victims might be carrying a villain image. But what if such killings are carried out with any mala fide or dishonest motive or to settle personal/political scores? What if these killings remove proof of some other influential people involved? And, what can a person not related to those killed in police encounters do for the truth to prevail?
Law does not approve ‘encounter’ killings. The term encounter was coined by the police to get away explaining many illegal activities. The attempt by the police to shoot anyone including a dreaded criminal to save themselves is at the maximum explained as an act of private defence. Only in a regular prosecution against them, it has to be pleaded and proved by evidence and not by self-assertion.
Of late, such encounter specialists in the police are held as heroes by the common people which only shows the weakness of our legal system.
This only shows that people want ‘instant justice’ and highlights their impatience for rule of law. This is also due to the weakness in the criminal system of administration and legal delay in securing justice.
In any event, we cannot allow police stations to become courthouses and policemen to become judges and hand down death sentences in the name of so-called encounters. Recent events in Maharashtra showed that these encounter specialists in the force were running extortion rackets.
No easy fix for a matter to be dealt with by UK
I am Danee from Taiwan. I am in awe of you after watching Jai Bhim. This is to seek your valuable opinion as I am heartbroken after my boyfriend’s yet another attempt for ‘permanent residence’ in the UK failed. He is a Kurdish from Iraq. He ran away to the UK in 2007 because it was dangerous in Iraq. Without permanent residence status, he can’t work legally there and is finding it hard to survive. Because of the pandemic, I too can’t go to the UK. We have already been staying away from each other for three years. What can we do in this context? Please help.
— Danee, via email
I don’t think that there is any remedy for you in law sitting here in India and trying to fight out a matter which has to be dealt with by the UK authorities.
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns
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