The Allahabad High Court has granted bail to an accused while issuing a stern warning to the Uttar Pradesh Police over the growing pattern of shooting accused persons in the leg during encounters, calling such actions legally impermissible and constitutionally suspect. The order matters amid rising scrutiny of police encounters, with the Court flagging concerns that these incidents may be driven by the lure of publicity or out-of-turn promotions rather than lawful enforcement.
The case arose from a bail plea by Raju alias Raj Kumar, during which the High Court took note of repeated instances where accused persons were allegedly shot below the waist during police action. The Court questioned whether such force was being used as a substitute for judicial process. Senior state officials, including the Additional Home Secretary and the Director General of Police, appeared before the Court and cited existing circulars issued to comply with Supreme Court guidelines on police encounters.
The Bench was unconvinced that existing safeguards were being effectively implemented on the ground. It underlined that police officers cannot assume the role of judge and executioner, even against hardened criminals. Emphasising the constitutional separation of powers, the Court observed that “the power of punishment to the accused is within the domain of judiciary and not in the domain of police,” adding that even firing causing non-fatal injuries amounts to unlawful punishment.
The Court directed that any encounter resulting in grievous injury must be independently investigated by the CBCID or a police team from another station, medical aid must be ensured, and post-investigation reports must be placed before the competent court in line with the Supreme Court’s PUCL guidelines.
It also ordered that no gallantry awards or out of turn promotions be granted immediately after encounters unless approved by a high level committee after thorough scrutiny.
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