Prashant Kumar, Special DG, Crime and Law & Order, Uttar Pradesh Encounters are a “very small” part of the state government’s “overall strategy” that includes zero tolerance against criminals and operational autonomy to the police, said Uttar Pradesh Special DG, Crime and Law & Order, Prashant Kumar. He was responding to The Indian Express’s questions on the 186 encounters, their concentration in three zones and the perception of impunity given the high number of closure reports. Excerpts from an interview:
What’s the importance of the encounters to the effectiveness of the state’s law and order policy?
I give this credit to the captainship and vision of Honourable Chief Minister of UP Shri Yogi Adityanath Ji who has single-handedly steered the ship of the state towards a safer harbour. His clear-cut directions for zero tolerance against crime and mafias and absolute independence to police has empowered us…encounter with criminals is just a very small part of his overall strategy.
Besides 186 killed, over 5,000 have been shot in their legs during encounters. How does this keep a check on crime and criminals?
Police encounters have never been a part of our strategy to control heinous crimes or keep a check on hardened criminals…Systemic changes in policing engineered by a resolute leadership, stability of tenure of police officers, fair postings and independence in decision making has kept the police morale at an all-time high. All this has ensured that police is not cowering down in front of criminals and is repelling every bullet by bullet. In these encounters, 16 of our policemen have lost their valuable lives and 1,443 have been injured.
Data shows 2018 saw 41 encounter killings, the most in six years so far. Why?
The change of guard in 2017 led to a fundamental shift in the priorities of government and consequently the police. It took tremendous hard work in the beginning to break the backbone of criminals and mafias and hence police action was at its crescendo.
The Meerut zone has seen 65 encounter killings, the most among all zones and commissionerates.
West UP has been traditionally crime prone and at times a particular team of officers gives outstanding results in a particular region.
Records show there are many killed who do not face charges of heinous crime like murder and rape. Under what circumstances such encounters happen?
Criminal history of a criminal is no justification for any police encounter, rather it is an exercise in self-defence. If first-timers or criminals with lesser criminal history attack police they ought to be countered. There are several contract killers who are relatively anonymous and during police checking drives they have fired on policemen to escape. In such situations, there is no way to ascertain the criminal history of the assailants but to safeguard oneself which results in encounter.
Magisterial inquiries into almost all encounters are closed… none was contested. Is this out of fear?
Family members of deceased criminals are free to depose before the magistrate and there has not been a single complaint of their intimidation by police. NHRC, SHRC, media and judiciary are also independent bodies which oversee the fairness of police action.
There is definitely a consensus and acceptance in society of the rule of law which is reflected in the popular mandate. There is definitely fear in the mind and hearts of criminals and mafias.
Why are police encounters are unique to UP?
This is nothing unique to UP. Encounters take place all across the world. Even the United States had over 1000 police killings in 2022. The present dispensation has transformed the law and order scenario drastically and rid UP of the baggage of a lawless state. This has made UP a front runner in the list of investor friendly states. Recently, UP jumped from 14th rank to 2nd rank in the ease of doing business.
Doesn’t it short circuit the judicial process? What is the system of the accountability for the police?
Since encounters are a dynamic process and not deliberate, it does not short-circuit the judicial process. Every encounter follows the mandatory PUCL guidelines and undergoes the necessary process as mandated by NHRC. Every encounter is followed by an investigation and is scrutinised by the courts, hence there is no question of short-circuiting the judicial process.
Don’t the police get a signal of impunity?
There is no question of impunity to police. Every encounter is followed by an investigation and independent magisterial enquiry. NHRC/ SHRC are constitutional bodies which keep an oversight over the entire process. If any policeman is found guilty of misusing his powers under the garb of self-defence they shall be dealt like criminals under the provisions of law.