Punjab and Haryana High Court Takes Up PIL on Alleged Custodial Killings
The Punjab and Haryana High Court, in a significant move, issued a notice to the Punjab government on Thursday, demanding a response to a public interest litigation (PIL) that raises grave concerns over a pattern of extrajudicial killings and violent encounters involving accused individuals while in police custody. This judicial intervention underscores mounting apprehensions about due process violations and police accountability in the state.
PIL Seeks Judicial Oversight and Independent Probe
A division bench, led by Chief Justice Sheel Nagu, acted upon the PIL filed by Nikhil Saraf, which calls for urgent judicial intervention and an independent investigation into cases where suspects were reportedly killed or seriously injured during police encounters. The petition meticulously cites multiple media reports highlighting recent incidents where individuals accused of crimes faced fatal or grievous harm during police operations or while detained. According to the petitioner, these events not only breach constitutional rights but also spotlight systemic failures within the law enforcement framework.
Key arguments presented in the PIL include:
- Allegations of a recurring trend of custodial violence and extrajudicial actions by police forces.
- Concerns voiced by Justice Ranjit Singh (retd), a former high court judge now with the Punjab Human Rights Organisation, regarding the escalation of such incidents.
- Previous representations sent to the Chief Minister of Punjab, the chief secretary, and the Director General of Police (DGP) that allegedly yielded no substantial corrective measures.
The petitioner has formally requested the court to mandate an independent investigation, establish robust accountability mechanisms, and implement stringent safeguards to prevent violence against accused persons, ensuring adherence to legal protocols.
High Court Scrutinizes Gurdaspur Encounter Case
In a related development, the high court has taken cognizance of the alleged encounter involving 19-year-old Ranjeet Singh, a suspect in the murder of two policemen in Gurdaspur district. During proceedings before a division bench headed by Justice Anupinder Singh Grewal, the bench emphatically stated that it could not "close its eyes" to the troubling questions surrounding recent encounters in Punjab. This remark came as the court sought clarification from the Punjab DGP on the circumstances leading to Singh's death.
Details of the Gurdaspur incident reveal:
- Two policemen were found dead with bullet wounds inside a police post in Adhian village, near the Pakistan border, on the night of February 21.
- Ranjeet Singh was arrested on February 24 but allegedly escaped from custody during a midnight operation to recover weapons.
- According to state authorities, Singh was later traced near a police checkpoint on a motorcycle, where he purportedly opened fire on officers, resulting in a fatal encounter.
The bench raised pointed queries about the dereliction of duty by officials who allowed an arrested person to escape. In response, the state informed the court that a separate FIR had been registered concerning the escape. Additionally, the DGP, appearing via video conferencing, disclosed that a special investigation team (SIT) has been constituted to probe the Gurdaspur encounter thoroughly.
This dual judicial scrutiny—through the PIL and the specific encounter case—highlights a growing imperative for transparency and reform in policing practices. As the high court awaits the Punjab government's reply, the outcomes of these proceedings could set crucial precedents for upholding human rights and ensuring accountability within the criminal justice system in the region.
