Why SI is not arrested?

Chennai: Barely three weeks after the Supreme Court formulated strict guidelines regarding investigation into police encounters, a sub-inspector of police shot dead a 30-year-old man in a police station in Ramanathapuram district on October 14, claiming he did so in self-defence. The apex court’s law would always apply to custodial death, and therefore, a case would have to be registered and the SI should be arrested, says a legal luminary.

The police in India has to deal with hardcore criminals effectively, the court said, and bring them to justice by following the rule of law. Structuring appropriate guidelines to do this would restore the faith of the people in the police force. “In a society governed by the rule of law, it is imperative that extra-judicial killings are properly and independently investigated so that justice may be done,” the bench added.

It is to protect human rights and discourage fake encounters that the Apex court has formulated these guidelines, upholding them as ‘the law’ of the land, say activist lawyer M. Radhakrishnan.

He said as per the guidelines of the apex court, when a death is caused by use of firearms either by a citizen or by a police official, an FIR should be registered under section 302 of IPC and  under the provisions of the Arms Act. During the course of the investigation, the police official should surrender the arms he had used for committing the offence. If the police officer takes the plea of self-defence, such plea can be examined only during trial by the sessions judge.

 The police officer should be suspended and disciplinary proceedings initiated. No out of turn promotion or gallantry awards should be given to him until it is proved that the encounter was genuine. These guidelines of the Apex court would be applicable to all custodial deaths and encounter deaths at the hands of the police. All these guidelines would be squarely applicable to this incident, Radhakrishnan added.

 “The law now laid down by the Supreme Court regarding encounter deaths will always apply to custodial deaths,” he added. Therefore a case has to be registered against the SI, who shot Syed dead and he should be immediately arrested. Disciplinary action should be commenced by suspending him since he has made a statement to the investigating agency that he had done so out of self-defence.”