MADURAI
Describing the killing of history-sheeter V. Subash Chandra Bose by Madurai City Police on Monday as “fake” encounter, Madurai district PUCL, a human rights body, has condemned the act of the police.
Though 20 cases, including three murder cases and a drug peddling case, are pending against him, firing bullet directly on his chest from close range is nothing but a murder committed by law enforcing agency, a statement said.
In the joint statement, its president S. Krishnasamy and secretary John Vincent pointed out the claim of Commissioner of Police J. Loganathan that the shootout was an act of self-defence and the particular incident was an exception. However, “considering the prevailing practice in various States as well in Tamil Nadu, inevitable presumption is that the police take the law on their hands and finish off the suspects thereby circumventing the due process of law,” the statement added.
Apart from filing case against the deceased under section 109 of Bharathiya Nyaya Sanhita for attempt to murder, a case of culpable homicide amounting to murder under section 100 of BNS ought to be filed against the team of Police, including the Inspector involved in the firing.
Magisterial inquiry
The case has to be investigated fairly and impartially by an agency as independent as possible of the perpetrators of the offence: and the final decision whether life has been taken in permissible circumstances that would exonerate the police has to be that of a competent court and not that of the executive, namely the police themselves.
The NHRC in its ‘guidelines/procedures to be followed in cases of deaths caused in police action’ issued in 2003 and revised in May 2010 clearly state the need for encounter killings by the police to be investigated by an independent investigation agency and mandate for a magisterial inquiry to be held within three months.
The guidelines also prescribe the manner in which the post-mortem examination is to be conducted. The guidelines’ specifically state that all deaths in police action shall be reported to the NHRC by the Senior Superintendent of Police/ Superintendent of Police within 48 hours. These guidelines have been upheld and reiterated by the Hon’ble Supreme Court of India in PUCL v. State of Maharashtra (2014) 10 SCC 635, the statement said.
The ‘UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials’ lays down detailed guidelines on instances of encounter killings. It clearly directs the police officials to exercise restraint in use of force and firearms and act in proportion to the seriousness of the offence and the legitimate objective to be achieved causing minimum damage and injury, and respect and preserve human life.
The contention of the police is that this single FIR is sufficient for recording both the offences, namely the offence of attempt by the deceased on the life of the police and the offence of killing of the deceased by the police. This is an untenable practice that is plainly contrary to legal procedure.
To come to the conclusion that there is no sufficient reason to investigate is to accept at face value the killer’s version. This is impermissible since it would not meet the requirement of just, fair and reasonable procedure under Article 21 (Right to Life) of the Constitution. Under no circumstances must police personnel escape judicial determination of their criminal culpability, the statement said.
Published – April 01, 2025 09:43 pm IST