Fake Encounters must be Punished with Death
By
Sanjeev Sirohi
“Policemen will not be excused for committing murder in the name of ‘encounter’ on the pretext that they were carrying out the orders of their superior officers or politicians, however high.In the Nuremburg trials the Nazi war criminals took the plea that ‘orders are order’, nevertheless they were hanged. If a policemen is given an illegal order by any superior to do a fake ‘encounter’, it is his duty to refuse to carry out such illegal order, otherwise he will be charged for murder, and if found guilty sentenced to death. The ‘encounter’ philosophy is a criminal philosophy, and all policemen must know this. Trigger-happy policemen who think they can kill people in the name of ‘encounter’ and get away with it should know that the gallows await them.”
— Markandey Katju, J.
in Prakash Kadam v. Ramprasad Vishwanath Gupta,
(2011) 6 SCC 189, para 28
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