The Allahabad High Court has sharply criticised the Uttar Pradesh Police over the alleged practice of shooting accused persons in the legs and presenting such incidents as gunfights. The court said this trend, often referred to as “half encounters”, is illegal and cannot be justified under the rule of law.
A bench led by Justice Arun Kumar Deshwal sought explanations from Uttar Pradesh Director General of Police Rajiv Krishna and Additional Chief Secretary Home Sanjay Prasad. The court directed both senior officials to appear through video conferencing and clarify whether any verbal or written instructions had been issued to police personnel to shoot accused persons in the legs and project such incidents as encounters.
The court observed that incidents involving police firing at the legs of accused persons appear to have become routine in the state. Justice Deshwal remarked that such actions seem to be carried out either to please senior officers, gain publicity, or to teach the accused a so-called lesson. He made it clear that this conduct is completely unacceptable, as the power to punish rests only with the judiciary and not with the police.
“India is a democratic country governed by the Constitution, which clearly defines the roles of the executive, legislature, and judiciary. The police cannot step into the role of the courts,” the judge said during the hearing.
The observations came while the court was hearing bail pleas of three accused persons who were injured in separate alleged encounters with the police. The court noted that in these cases, no police personnel suffered any injuries, raising serious questions about the necessity and proportionality of the use of firearms.
In one of the cases, the court found that although an FIR had been registered, the injured person’s statement was not recorded before a magistrate or a medical officer, which is mandatory under Supreme Court guidelines. The investigation was initially handled by a sub-inspector and later transferred to an inspector. The High Court said this showed clear non-compliance with the Supreme Court’s directions in the PUCL versus State of Maharashtra case.
Taking a strong stand, the court issued strict six-point guidelines to be followed in cases where an accused suffers grievous injury during a police encounter. The court warned that district police chiefs, including SPs, SSPs, and commissioners, would be personally liable for contempt of court if these guidelines are violated within their jurisdiction.
Justice Deshwal also raised concern over reports of police officers pressuring judicial officers, including chief judicial magistrates, to pass favourable orders. He cautioned that Uttar Pradesh cannot be allowed to turn into a police state and stressed the need for mutual respect between the police and the judiciary.
“The power to punish lies with the judiciary, not with the police,” the court reiterated.
Responding to the court, DGP Rajiv Krishna assured that clear instructions would be issued to ensure strict adherence to the law and Supreme Court guidelines. “The majesty of law is supreme,” he told the court.
