We have witnessed, in many occasions the Indian Judicial System quoting “Denial of ‘timely justice’

amounts to denial of ‘justice’ itself’ however could it justify extra juridical killings? This is the basic
question our research will aspire to cover. This tool of “instant form of justice and punishment” is
commonly referred to as “encounter” killings. The subcontinent very recently witnessed a heinous
rape case against a 26-year-old veterinary doctor in Shamshabad, near Hyderabad. Interestingly, all
the four suspects were shot dead a few days later in a police encounter. Although there was a
widespread appreciation of the police however at the same time people started questioning the
legitimacy of this act by the authorities. It is therefore essential to understand and acknowledge the
mindset and the intentions of the police, victims and especially law in regards to the practice of
extra-juridical killings in India.

The code of criminal procedure mandates the senior officer on the crime scene to make sure that
the “alleged” accused appears before the magistrate (district or higher, depending upon the plea
and the crime so committed). In the Hyderabad rape case, the “alleged” accused were all shot dead
before any proving/disproving of the allegations so recorded.

After the 2013 rape case in Delhi, Justice Verma committee was set up to look into the rape laws of
this country. Debates and discussions around section 375 and mainly other provisions of the IPC,
CrPc and evidence act in regards to rape and sexual offences were on a full swing to make sure we
have enough deterrence.

The Hyderabad police encounter case should be seen as a starting point of amendment of the CrPc
and the Police code of conduct/ manual to reduce the mandate of the officials in charge. The current
law requires the report of the encounter to be submitted within 48 hours to the Commissioner of
Police of that jurisdiction however coincidentally in this case the Commissioner was well present
during the time of the encounter. Though there is absolutely no doubt about the critical reception of
this encounter, laws must be amended to better provide to the accused and their families.

Department of telengana police faced heavy criticism on account of the rape of the veterinary
doctor itself, its not hard to speculate a pre-planned encounter for restoration.

PUCL v State of Maharashtra

The Maharashtra police department went on an encounter spree to paralyse the underworld during
1990s. Under the sun the People’s Union for Civil Liberties, arguably one of the largest human rights
organisation in this country filed a case against the state of Maharashtra in the same regard.