Encounter killings in India: UP police kills Atiq Ahmed's son Asad

In another shocking incident, the UP police killed the gangster Asad Ahmed, son of Atiq Ahmed & another accused, Ghulam, in an “encounter” in Jhansi. The encounter killings have always been a huge topic for debate as it is yet questionable that police officers have the authority to kill someone in an encounter. Several similar cases have taken place in the past years, discussed later in this article. Read until the end to learn more about such cases, the legality of encounter killings and how police can be held liable for such acts. 

What happened in Atiq’s son Asad's encounter case?

Asad Ahmed’s encounter case concerns his father, Atiq Ahmed, a former gangster with more than 100 registered cases who became a politician who served as both an MP and an MLA and was closely associated with many political parties in UP, including the BJP and Samajwadi Party. 

• These people were involved in an abduction case which dates back to 2007 when Atiq and his companions were accused of kidnapping and torturing Umesh Pal, the primary witness in a murder case in which Atiq was said to be involved.
• Umesh Pal, with his bodyguards, was murdered in daylight in 2022, leading to a huge debate in the UP assembly. Atiq is also the main accused in the murder of Umesh Pal.
• According to the police officials, Asad & Ghulam was also associated with the Umesh Pal murder case. So, both of them were also wanted in the said case.  
• The BJP government led by Adityanath in UP had stated that the police can perform ‘encounter killings’ whenever they like and as they see fit and will even be encouraged to do so. Due to such a statement, Atiq approached the Apex Court, fearing that he might get killed in an encounter, just like Vikas Dubey. 

What is police encounter?

Encounter killings or police encounters refer to situations where the police or security forces involve extrajudicial killings of individuals who are generally suspects. These encounters are often referred to as "fake encounters" as they are mostly staged to appear as if the suspects were killed in self-defence, which is not in reality.

Are encounter killings legal in India?

No, encounter killings are not legal in India. India’s criminal law states that police officers are authorized to use force only in self-defence or in defence of others, that is, when it is absolutely necessary to apprehend a suspect considered to have committed an offence. The use of force should be proportionate to the threat posed by the suspect, as proposed by IPC in many instances.

• Encounter killings are considered the extrajudicial killing of suspects without due process of law. Therefore, it violates the human right, right to life, liberty, and due process guaranteed by the Indian Constitution and international human rights law on the part of the deceased accused or criminal.
• Discussing such a hot topic in the legal domain, how can we not talk of our Supreme Court’s involvement which has taken a strong stance against encounter killings, calling them "extra-judicial executions" & urging the government to take strict action to ensure that police officers committing such an act must be held accountable.
• The Supreme Court also issued certain guidelines to prevent encounter killings, such as all encounters being investigated by an independent agency and the officers involved in encounters being suspended pending any investigation.
• Read this very carefully; whenever a police officer is charged with encounter killings, they are charged with culpable homicide mentioned under Section 299 of IPC. 
• In such a case, the burden of proof falls on the prosecution, which must show that the officers acted negligently in causing the death of the suspect. However, holding police officers accountable for encounter killings is challenging in India due to the protection given to them out of political interests  & tampering of evidence.

Cases of Encounters in India

There have been several cases of encounter killings in India in recent years & a few of the notable ones are as follows:

1. Vikas Dubey encounter Case: Vikas Dubey was a history-sheeter & a criminal turned politician who was killed in an encounter in 2020, when a police vehicle carrying him from Ujjain to Kanpur met with an accident and he tried to escape. Later, the UP government constituted a one-member commission to probe encounter headed by retired Allahabad HC judge Shashi Kant Agarwal.

2. Batla House Encounter: In 2008, Delhi Police conducted an operation in the Batla House neighbourhood of Delhi, stating that they were targeting terrorists engaged in 2008 Delhi bombings. Two suspected terrorists, Atif Amin & Mohammad Sajid were killed in the encounter. But the encounter was immensely criticized on the basis of it being staged.

3. Ishrat Jahan Encounter: In 2004, Gujarat Police stated to have killed Ishrat Jahan, a 19-year-old woman, and three others in an encounter, alleging that they were members of the Lashkar-e-Taiba terrorist group. But the later investigations revealed that the victims were innocent.

4. Sohrabuddin Sheikh Encounter: In 2005, Gujarat Police encountered Sohrabuddin Sheikh, a suspected gangster. His wife, Kausar Bi, was also allegedly killed with their associate. Many claimed that such encounter was also staged.

5. Stanzin Nyontsang Encounter: In 2020, a video went viral showing the Indian Army killing Stanzin Nyontsang, a civilian in Ladakh. The army claimed that Nyontsang was a spy who was killed in self-defense, but the video called for an investigation.

With so many encounter killings taking place, the accountability factor on the side of the police is getting even more challenging, due to which most of these encounters are only alleged to have been staged & reality is still hidden in most of the cases. 

Justification of Encounter killings

Points in favour of encounter killings

• Encounter killings have been a controversial issue in India, with few people talking in favour arguing that they are necessary to combat rising crime rates. 

• They are said to provide swift justice by eradicating criminals and terrorists and avoiding a long trial process. 

• It enhances public confidence in law enforcement by portraying that the police are taking strong measures to prevent crime. 

• This protects police officers from the dangers of engaging with dangerous criminals and terrorists, as they are least likely to get killed.

Points against encounter killings

• Critics of encounter killings say that these acts undermine the principles of justice and accountability. 

• Few people argue that such killings violate human rights and undermine the rule of law.

• Encounter killings tend to target marginalized communities like Dalits, Muslims etc.

• The right to a fair trial and due process are fundamental rights, and encounter killings deprive individuals of these rights as no man can be a judge by himself not even police officers.

• There is a lack of accountability for police officers for their actions. 

• Encounter killings can even put innocent people at risk, such as bystanders or crowds nearby.

• Encounter killings may result in a loss of trust in the police, that they are incompetent to do their jobs effectively. When the public does not trust law enforcement, they may report fewer crimes. 

Conclusion

Recently, there has been increased scrutiny of encounter killings in India, with human rights organizations asking for greater accountability and transparency along with the Supreme Court of India. The need has always been felt to put an immediate end to fake encounters and urge the government to take immediate action to ensure that police officers are held accountable for such acts.