Friday, December 6, 2019

Encounter


The inhuman act of rape and brutal murder of Hyderabad doctor sent a shockwave throughout the country. The common sentiment was to hang them in public. The  act of the accused is undoubtedly most heinous and needs to be condemned severely. The act of Hyderabad police however is unconstitutional, illegal and subject to independent judicial inquiry. 
It is the duty of the police to immediately lodge the FIR in case of information about cognisance offence and conduct investigation within the framework of the constitution. The police after completion of the investigation files the charge sheet in the court whereupon the trial is commenced . The evidence collected by the police is evaluated, witnesses are examined by the courts and thereafter judgement is pronounced. The prosecution has to prove its case beyond reasonable doubt for the courts to convict the accused. The court has to be satisfied that excruciating circumstances exists for it to execute the convict and only then punishment of death is pronounced in rarest of rare cases. 
The prosecution in order to prove its case has to rely entirely upon the investigation conducted by the police. Therefore , for accused to be convicted it is imperative for the police to conduct fair and impregnable investigation. The act of Hyderabad police raises a gamut of questions rather than answering any. For instance what were the police doing with the prisoners at the spot at such ungodly hours. Had they taken them for spot identification were the the panchas present for conducting spot Panchanama?, were the accused armed or were they in a position to escape the police , how many police were present and could they have overpowered the accused without killing them. The list of questions is endless. The Hyderabad police by killing the alleged accused have simply reduced their work since they won’t have to conduct tedious investigation into the matter which saves them lot of work load. The moot question that now arises since there is going to be no investigation on the rape an d murder case is that in the absence of identification of the accused we can never know beyond reasonable doubt if the persons killed by the police under the guise of encounter were the same persons who committed the gruesome act or did the police kill someone else. We may debate over this in our public and private conversations but may never know it for sure in the absence of investigation. 
Hyderabad police has set a dangerous precedence thereby insulting the fairness of the judicial setup and is dangerous to the constitution .The fear that now strikes is that the police now has license to kill persons to reduce their work of investigation. We have to be cautious since today it has happened to them , tomorrow it may happen to either of us and inevitably to persons belonging to social and economically distressed classes.