Atiq’s son Asad, Questions arising on the encounter, what do the guidelines of the Supreme

Atiq Ahmed Son Asad Encounter: Asad, son of mafia Atiq Ahmed and another slave accused of Umesh Pal murder case, were encountered in Jhansi last day. A reward of Rs 5 lakh each was placed on the heads of both the accused. A 12- member UP STF team killed Asad and Ghulam. After the encounter, a large number of people on social media have praised the UP government’s policy of ‘mixing the mafia in the soil’, while many people have also raised questions on the encounter. Former UP CM Akhilesh Yadav, BSP chief Mayawati, Owaisi etc raising questions on the encounter. not stated correctly. In the last few years, the UP Govt. Rashif has worked on the policy of zero tolerance towards criminals, due to which thousands of criminals have been put to death. Now some people raising questions after Assad’s encounter are arguing that what will happen to the court when justice will be done through the encounter itself? At the same time, some people are also referring to the guidelines of the Supreme Court on the encounter. Today we are going to tell about the guidelines of the Supreme Court for the encounter.

What does the Supreme Court guideline say on encounter? According to the English newspaper ‘Indian Express’, on September 23, 2014, the then CJI RM Lodha and Rohinton Fali Nariman’s bench issued detailed guidelines, laying down the standard procedure for a comprehensive, effective and independent investigation in the case of police encounter investigation. It was decided to follow 16 points as follows. These guidelines were issued in For Civil Liberties v. State of Maharashtra. This includes registration of First Information Reports (FIRs), provisions for magisterial inquiry as well as keeping written records of intelligence inputs and independent investigation by bodies such as the CID. The court had said in its decision that if there is a death in any police action, then there should be compulsorily a magisterial inquiry. Apart from this, during the investigation, it is mandatory for a member of the deceased’s family or a close relative to be present in it. The court said that in such cases FIR should also be registered by the police and it should be ascertained whether the action taken is legal or not.

What else did the Supreme Court say on the encounter? The court said that after such inquiry, a report should be sent to the Judicial Magistrate having jurisdiction under Section 190 of the Code. The police action guidelines also state that whenever the police receive any intelligence or information on criminal activities or activities relating to serious criminal offences, the same should be recorded in some form of case diary or in any electronic form. According to the Court, on the basis of such tip or intelligence, if an encounter takes place and firearms are used by the police party, due to which the person dies, the FIR should be registered without delay. should be known and sent to the court under section 157. There are also provisions for independent investigation in encounter cases. It should be investigated by the CID or the police team of another police station, in which a senior officer is also involved. The Court directed that these norms should be strictly followed in all cases of death and grievous injury in police encounters by treating them as declared law under Article 141 of the Constitution of India.