Sunday, November 6, 2011
Serious Approach of Supreme Court against Fake Encounters by Punjab Police. What will happen in Gujarat Encounter Cases ?!!!
The Division Bench of Hon. Justice Mr. P. Sathasivam and Hon Justice Mr. B.S. Chauhan of the Supreme Court of India has recently taken a very serious approach, while upholding the punishment of life imprisonment of four police officers of Punjab, expressed over police atrocities and fake encounters happened in our country that “tolerance of police atrocities would amount to an acceptance of systemic subversion and erosion of the rule of law, because such the atrocities are not only violation of the constitutional fundamental rights of life and personal liberty, granted under Article 21, but also infringement of right of information of personal arrest about the grounds of his detention and production before the magistrate in time under the provisions of Article 22 of the constitution of India. Police atrocities in India have always been a subject matter of controversy and debate. In view of the provisions of Article 21 of the Constitution, any form of torture or cruel, inhuman or degrading treatment is inhibited.” The Division Bench of Hon. Justice Mr. P. Sathasivam and Hon Justice Mr. B.S. Chauhan of the Supreme Court of India has rejected this special appeal of the accused five police officers Prithipal Singh, Satnam Singh, Surinderpal Singh, Jasbir Singh and Amarjit Singh of Punjab, who have been imprisoned for the kidnap and murder of Jaswant Singh Khalra in 1995 by considering even the corroborative evidence or sole testimony of a witness sufficient to uphold the guilt and has also reiterated that " Any kinds of torture was not permissible “whether it occurs during investigation, interrogation or otherwise. The wrongdoer is accountable and the state is responsible if a person in custody of the police is deprived of his life except in accordance with the procedure established by law. The state must protect victims of torture, ill-treatment as well as the human rights defender fighting for the interest of the victims, giving the issue serious consideration for the reason that victims of torture suffer enormous consequences psychologically.” When the Hon Apex Court has taken a serious approach by fixing the liability of the state in such fake encounters, it is now worth to be noted that certain more other controversially debated police encounters and atrocities, committed by Gujarat Police are also before the courts awaiting for judgments in the coming days...We have to simply gauge what will happen of Gujarat State ??!!! Only the Apex Court and the time alone can say this.......
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