Another Encounter in UP; NHRC Issues Notices

Seeking a report on the “encounter” by Noida Police within four weeks, The National Human Rights Commission (NHRC) has issued notices to the Chief Secretary and the Director General of Police, Uttar Pradesh. Sumit Gurjar, 27, an alleged criminal, was shot dead by the police personnel in Greater Noida on October 3.

The family members of the deceased have alleged the killing to be a staged encounter. On Wednesday, they along with other villagers protested against the police action by blocking the traffic at Mahamaya Flyover in Greater Noida for about 45 minutes.

Stating that “Elimination of a criminal in such an unlawful manner can never send a good message to a civilized society,” the NHRC has observed that if the allegations of the family members are true, it would raise “serious issue of violation of human rights of the deceased and the aggrieved family.”

Meanwhile, the police authorities of Noida have denied the allegations of a fake encounter. Speaking to Newsclick, Suniti, Superintendent of Police, Gautam B. Nagar unit said: “the police have followed all the due procedures as per the concerned guidelines laid down by the Supreme Court and NHRC in this encounter case.” She also said that the Noida police did not receive any official notice from NHRC in this matter.

It has been reported that the Uttar Pradesh government has allowed its district police officials to announce rewards up to Rs. one lakh for a team that carries out an encounter- which is against the spirit of guidelines issued by NHRC in matters of “police encounter”.

Earlier in September, Uttar Pradesh Chief Minister, Yogi Adityanath, while presenting his government’s half-yearly report card had claimed that 431 encounters were carried out by UP Police as an “achievement” revealing shocking details that 17 persons were killed in them.

The Bharatiya Janata Party has campaigned to crackdown the crime in the state before forming the government but in the last six months, the crime rate has risen in the state. For example, according to the state's criminal records, there were 3,000 rape cases between January and August 2017 against 2,376 during the same period in 2016.

In India, often the cases of “police encounters” have turned out to be staged or fake. The death of people in police action is often justified on the basis of self-defence. In a judgment, Supreme Court stated that while a victim of aggression has a right of self-defence if that victim exceeds the right by using excessive force, he then becomes an aggressor and commits a punishable offence.

Disclaimer: The views expressed here are the author's personal views, and do not necessarily represent the views of Newsclick.