Allahabad High Court on Wednesday criticised the Uttar Pradesh police over an alleged practice of shooting accused persons in the legs and portraying the incidents as gunfights, and sought explanations from senior state officials.
Justice Arun Kumar Singh Deshwal directed the state’s Director General of Police, Rajiv Krishna, and Additional Chief Secretary (Home) Sanjay Prasad to explain whether any verbal or written instructions had been issued to police personnel to fire at accused persons and describe the incidents as armed encounters.
The officials were ordered to appear before the court via video conference on Friday.
The court said such encounters, particularly those involving gunshot injuries to the legs of accused persons, appeared to have become routine. It observed that the actions were ostensibly carried out to please senior officers or to “teach a lesson” to suspects.
“Such conduct is wholly impermissible, as the power to punish lies exclusively within the domain of the courts and not with the police,” the court said in its order.
Deshwal said India, as a democratic country governed by the rule of law, has clearly defined roles for the executive, legislature and judiciary, and that any encroachment by the police into the judicial domain could not be accepted.
The observations were made during hearings on bail petitions filed by three individuals injured in separate alleged gunfights with the police. The court noted that no police personnel were injured in the incidents, raising questions about the necessity and proportionality of the use of firearms.
In one case, the court found that while a first information report had been registered, the injured person’s statement had not been recorded before a magistrate or medical officer. It said the investigation initially conducted by a sub-inspector was later transferred to an inspector.
The court held that Supreme Court guidelines governing police encounters had not been followed and sought clarification on whether instructions had been issued to ensure compliance with procedures on registering cases, recording statements and conducting investigations in incidents involving death or grievous injury.
During Friday’s hearing, the judge also raised concerns about police officers allegedly pressuring judicial officers to pass specific orders, saying the court could not allow Uttar Pradesh to become a “police state”.
Krishna told the court that instructions would be issued to ensure adherence to legal protocols. “The majesty of law is supreme,” he said.