‘Such encounters becoming routine’: Allahabad HC on man being shot in leg before arrest in UP

“Such conduct is wholly impermissible, as the power to punish lies exclusively within the domain of the Courts and not with the police. India being a democratic State governed by the rule of law, the functions of the Executive, the Legislature, and the Judiciary are distinct and well defined, and any encroachment by the police into the judicial domain cannot be countenanced,” the court said in its order issued on Wednesday (January 28).

The state Director General of Police (DGP) and the Additional Chief Secretary (Home) were directed by the court to appear through video conferencing on Friday to inform the bench if any oral or written directions were issued to police officers to fire upon the accused in the leg or in the name of police encounters.

The court also had asked to inform whether “a direction is issued to ensure compliance with the directions of the Hon’ble Apex Court in People’s Union for Civil Liberties (PUCL) and another (supra) regarding registration of F.I.R., recording of statements of injured persons, and investigation by officers senior in rank to the head of the police party in cases resulting in death or grievous injury during police encounters.”

The bench was hearing the bail applications of Anas, a resident of Muzaffarnagar, Deepak Lohapita of Jhansi and Raju alias Rajkumar of Mirzapur who were arrested by police after being shot in the leg.