Fwd: [bangla-vision] Re: [Arkitect India] At times, encounters unavoidable

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From: ayub mohammed <mdayyub@yahoo.co.uk>
Date: Thu, Jul 29, 2010 at 12:24 PM
Subject: [bangla-vision] Re: [Arkitect India] At times, encounters unavoidable
To: arkitectindia@yahoogroups.com
Cc: political_analysts@yahoogroups.com, issuesonline_worldwide@yahoogroups.com, bangla-vision@yahoogroups.com

 

The police officer's association of Andhra Pradesh had got the stay on the judgment of five member bench of Andhra Pradesh high court on the petition to register the case against the police men while in encounter killings, from the Supreme Court, in last year. The court has observed and made some remarks in its 150 page judgment. Plz find the important one here under, before we continue the discussion on the avoidable and unavoidable encounters in our state. "It is necessary to examine the larger issue of the powers of the police and the rights of the civilians in such cases," "The court ruled that it is mandatory for the police to register an FIR under the relevant sections of the law whenever an encounter death takes place. Thereafter, it is the magistrate, and not the police, who should decide whether to continue the trial or to close the case after hearing the police argument"  http://www.tribuneindia.com/2009/20090208/nation.htm Ayub Mohammed --- On Wed, 28/7/10, SADANAND PATWARDHAN <2Sadanand@GMail.Com> wrote: From: SADANAND PATWARDHAN <2Sadanand@GMail.Com> Subject: [Arkitect India] At times, encounters unavoidable To: "SADANAND PATWARDHAN" <2sadanand@gmail.com> Date: Wednesday, 28 July, 2010, 11:26 PM   At times, encounters unavoidable Encounter : 1.  to come upon or meet casually or unexpected.             2.  to come into conflict with (an enemy, army, etc.) in battle or contest. Collins Cobuild   Encounter therefore seems to be predicated on two elements, an unpredicted event and a fight between two armed parties. In India, "encounters" which satisfies the above criteria are an exception rather than a rule. Almost every case of encounter has raised doubts; concerned cops have been investigated & arraigned, but rarely convicted. But then a conviction to cases filed ratio is as it is very poor in India. What should one expect when murderer is asked to investigate his own crimes? Encounters are routinely seen in India as extra-judicial killings of unarmed persons taken into off-the-record custody, and though illegal often meet with approval of urban middleclass when some known criminal elements or alleged terrorists or insurgents are meted out this form of summary punishment. Therefore, most readers of an English Newspapers will not be unduly alarmed to read statements such as :   "The law and order problem is increasing. Criminals are taking law into their own hands, attacking even the police. Police have to take control of the situation". "While encounters are suspicious, as no criminal, except the Naxalites, would come in open to attack the police in a planned manner. But encounters are unavoidable sometimes". "…when police are unable to control law and order problems, they resort to steps such as encounters. "It happened in Mumbai (underworld) and Andhra Pradesh (Naxalites)". "Asked if he was in favour of dilution of the Armed Forces (Special Powers) Act, 1958 as demanded by some political leaders in militancy-hit Jammu and Kashmir, he replied in negative, Sometimes rigorous laws are needed to deal with situations resulting from terrorism".   These snippets have been taken from an IE report : "At times, encounters unavoidable". Since the spin doctors active in the media can tailor any news report to suitably work a target audience, one has to see such "stories" with utmost suspicion. But if the above reportage is accurate, fair & complete picture of what transpired, then it is alarming to say the least. Because these are the views reportedly held by our present NHRC chairman & retired Chief Justice of India, K G Balakrishnan. When there are debates over death penalty, some hold it judicial murder and many countries have abolished it all together, it is certainly injudicious to even suggest that there are circumstances when "encounters" can be justified or condoned. Taking life illegally would be the grossest violation of Human Rights that agents of State can visit on its citizens & residents. As a defender of Human Rights, NHRC should be in the forefront of disabusing our country of this horrible abomination.

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Palash Biswas
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