Supreme court ruling on fake encounter

            In october 2006, Rajasthan police abducted Dara Singh before the very eyes of his  wife, Sushila devi. they killed him in in cold blooded murder. but passed it off as an encountr. rajasthan government in its statement before the court  agreed that Dara singh was a proclaimed offender and carried  a reward of Rs. 25,000 on his head and was involved in criminal activities. Last year  the Supreme Court directd a CBI probe on Sushila Devi’s application. On 7th of August of this year the apex court while directing a surrender of the two senior Rajasthan IPS officers (Additional DGP Arwind Jain and SP Arshad) involved in the fake encounter awarded a death sentenve to the killer cop. a two-bench courtdeclared that police personnel as custodians of law are expected to protect people and not eliminate them as contract killers. ‘Fake encounetr killings by cops are nothinbg but cold-blooded brutal murder which shouild be treated as the rarest of rare cases and police personnel respondible for it should be awarded death sentence. they should be hanged’. , the court declared.

            Sensitive to the position the police officers hold, the court observed: ‘If crime are commited by ordinary people , ordinary punishment should be given but if the offence is commited by policemen much harsher puinishement should be given to them because they do an act totally contrary to their duties’.

            In May, in another case of fake encounter killing of a business man by Maharashtra police, the apex court said that actions by police cannot be treated as ordinary incidents and exemplary punishments ahould  be meted out to the accused. The court further warned that it would not brook any excuse  from policemen that they were acting at the behest of their superior officers. Reffering to the Nuremberg trials the court said the Nazi War Criminal also took the plea that ‘orders are orders’ but nevertheless they were hanged.

            Now taking the gaze off the Rajasthan and Maharashtra, let us concentrate on Kashmir. here we have innumerable number of such state-managed fake encounters. but with AFSPA in operation here the killers in olive green or in Khaki roam freely and are awarded out of turn promotions and encouraged with ‘gallantry awards’ gifts and money. the clause  {7 B}  of the Act prevent courts from taking any legal action aganist the security forces. for that purpose the state government has to seek permission from Home Ministry of India which  even if approached is rarely given. lest the ‘morale’ of the security forces should go down.

            Of the hundreds of the fake encounters and other such extra-judicial killings staged in valley and Muslim majority areas of Jammu, you cannot cite even a single example when the perpetrators have been brought to the book ang given examplary  punishment. with every such criminal act left connived at by the authorities , the criminals in uniform are "morale-boasted" to go for the kill. and that is exactly what people in this persecuted land have been witnessing for the past two decades.

            Every occurence of this beastlines evokes the response of twittering a word of sympathy for the bereaved and usual statement of letting law take its own course from the governments both at Delhi and Srinagar. Words bereft of resolve and the attitude of indifference cannot ,and  as Kashmir proved it did not, stop the killing of innocent people. just one act of retribution couild have set the things right. the sheer dread could have served the deterent. a criminal cop sent to gallows could have made the difference. But that is not comming. So Machil fake encounter {2009} in which three innocent Kashmiris were taken to forests near LoC and killed in cold-blooded manner by the Indian army and passed of as LeT militants, did not deter the  power-intoxicated to repeat the same in Surankot. this year it was a mentally challenged Hindu youth that fell to the lure of Security forces to get out of turn promotions and other monetary benefits. while performing his religious rites  it was found he was not ‘Abu Usman alias Adnan of pakistan , and A-category militant owing allegiance to Let’, who the "valiant" forces have gunned down in ‘fierce gun battle’ and ‘recovered arms and ammunition from him’,{as the Defence spokesman claimed in a press statement} but Ashoke Kumar son of Chait Singh of Reasi.

            It is not that authorities do nothing whenveer such things happen. They do a lot. they order majesterial probe or make Commmissions to ‘look into the details of incident’ and ‘ascertain facts’. even arrests are made. But that activism serves one grand purpose for them. to mislead the world oppinion that we are on it.

            As past experience tells, this Surankote fake encounter will not reach to the Supreme Court for it to name it as ‘rarest of rare cases’ and give ‘death sentence’ to the guilty personnel. Kashmir is not yet integrated for that.