Why, Hyderabad Encounter was Desirable not Viable
Let's first hear, what police have to say. CP of Cyberabad police, V.C Sajjanar said that its personnel were at the spot to reconstruct the crime scene that led to the rape and murder of the veteran doctor on the intervening night of 27-28 November.
He said," We came with them to the spot. At this time, they started attacking our party and snatched weapons and opened fire." Police officials retaliated and killed all 4 accused. Some police personnel are injured too, he added.
People are celebrating the fact that "quick justice" has been delivered. But, is it as smooth as it looks? Is it really the way to deliver justice? Is the police action really justified? Let us keep our sentiments and emotions aside and discuss it with equanimity.
1. "Rule of law"
Nobody can deny the fact that the 4 accused were in police custody. So it's rather custodial death than encounter.
Constitution clearly says that any suspect/accused is "innocent" until convicted by the court. So, by definition, they were still innocent until a proper hearing and court order was passed.
Therefore, this is rather extra-judicial killing than an encounter.
2. "Ryan International school case"
Remember this case? That child's throat was slit open and so called "quick investigation" by the police found the bus conductor guilty. He confessed to it in police custody (just like these 4 accused did) and later on media. However, further investigation by CBI revealed, it was a senior boy from the same school rather than the conductor.
Imagine if the police had delivered "quick justice", just like this. This is not an isolated case. You can look into "Rohtak sisters case", "Jasleen Kaur case", etc, then rethink about this concept of quick justice.
3. "Varying perception of Police"
Just 2 days ago, Cyberabad police were being abused by public for their incompetence and antipathy. It is on record that Reddy's father was denied FIR saying that it was out of their jurisdiction despite SC's clear direction not to deny FIR to anyone. Provision of "zero FIR" was neglected.
Now, suddenly, everybody is praising Police. Why? Because four accused were shot dead? What does it suggest? Let's discuss it on next topic.
4. "Why police is being Praised?"
Actually, its not police action but our weak and delayed justice system. Because of this, there is frustration and anger in common populace. In want of timely justice they are justifying and praising this action. Everybody knows that convicts of Nirbhaya, Unnao, Kathua are still alive. Why?
Even after fast-track court hearing, it has been more than 7 years and the case is still stuck in some judicial process. If the situation of courts and justice delivery system would be this slow, people will definitely find shortcuts.
But, is this okay?
5. "Public justice v/s law."
Recently, Rajya Sabha MP, Jaya Bacchan has asked for the accused to be lynched.
Really?
If a Rajya Sabha MP is saying these kind of things then it raises questions on our future as a country. We are not Taliban. We are a democratic country. There has to be a distinction between their SoP.
More so, what if the lynchers are themselves rapists? What is your response to this madam?
6. "Prevention v/s Punishment"
Everytime things like this happens, people start asking for more harsh law.
Law is already harsh. The problem is implementation.
Ask yourselves, how many cases are reported to media? 10%? 15%? 30%? What about the rest 70%?
Rape is a rape and the law should be implemented to everyone equally. But, is it happening?
Cases which catch media attention are given priority. What about others?
The best way to stop all this is to altogether stop this from happening. How to do this? Read ahead.
7. "Way Forward"
We are ought to look into the points mentioned below:
Note: I am not in any way trying to defend the accused. Please don't misunderstand. Believe me, I was as happy and relieved as you all were when I heard the news early morning. Everybody in India wanted them dead. But this was not the way. If they were ordered to be hanged by a court of law, I would have been more satisfied.
He said," We came with them to the spot. At this time, they started attacking our party and snatched weapons and opened fire." Police officials retaliated and killed all 4 accused. Some police personnel are injured too, he added.
People are celebrating the fact that "quick justice" has been delivered. But, is it as smooth as it looks? Is it really the way to deliver justice? Is the police action really justified? Let us keep our sentiments and emotions aside and discuss it with equanimity.
1. "Rule of law"
Nobody can deny the fact that the 4 accused were in police custody. So it's rather custodial death than encounter.
Constitution clearly says that any suspect/accused is "innocent" until convicted by the court. So, by definition, they were still innocent until a proper hearing and court order was passed.
Therefore, this is rather extra-judicial killing than an encounter.
2. "Ryan International school case"
Remember this case? That child's throat was slit open and so called "quick investigation" by the police found the bus conductor guilty. He confessed to it in police custody (just like these 4 accused did) and later on media. However, further investigation by CBI revealed, it was a senior boy from the same school rather than the conductor.
Imagine if the police had delivered "quick justice", just like this. This is not an isolated case. You can look into "Rohtak sisters case", "Jasleen Kaur case", etc, then rethink about this concept of quick justice.
3. "Varying perception of Police"
Just 2 days ago, Cyberabad police were being abused by public for their incompetence and antipathy. It is on record that Reddy's father was denied FIR saying that it was out of their jurisdiction despite SC's clear direction not to deny FIR to anyone. Provision of "zero FIR" was neglected.
Now, suddenly, everybody is praising Police. Why? Because four accused were shot dead? What does it suggest? Let's discuss it on next topic.
4. "Why police is being Praised?"
Actually, its not police action but our weak and delayed justice system. Because of this, there is frustration and anger in common populace. In want of timely justice they are justifying and praising this action. Everybody knows that convicts of Nirbhaya, Unnao, Kathua are still alive. Why?
Even after fast-track court hearing, it has been more than 7 years and the case is still stuck in some judicial process. If the situation of courts and justice delivery system would be this slow, people will definitely find shortcuts.
But, is this okay?
5. "Public justice v/s law."
Recently, Rajya Sabha MP, Jaya Bacchan has asked for the accused to be lynched.
Really?
If a Rajya Sabha MP is saying these kind of things then it raises questions on our future as a country. We are not Taliban. We are a democratic country. There has to be a distinction between their SoP.
More so, what if the lynchers are themselves rapists? What is your response to this madam?
6. "Prevention v/s Punishment"
Everytime things like this happens, people start asking for more harsh law.
Law is already harsh. The problem is implementation.
Ask yourselves, how many cases are reported to media? 10%? 15%? 30%? What about the rest 70%?
Rape is a rape and the law should be implemented to everyone equally. But, is it happening?
Cases which catch media attention are given priority. What about others?
The best way to stop all this is to altogether stop this from happening. How to do this? Read ahead.
7. "Way Forward"
We are ought to look into the points mentioned below:
- Public awareness
- Gender sensitization programs by government and NGOs.
- "Gender equality" as an essential part of school syllabus.
- Role of parents to inculcate values to kids
- Police patrolling in deserted areas
- Street lights/roads/security check posts after regular distance
- Fast justice delivery system
- Elimination of Political interference in judicial process.
Note: I am not in any way trying to defend the accused. Please don't misunderstand. Believe me, I was as happy and relieved as you all were when I heard the news early morning. Everybody in India wanted them dead. But this was not the way. If they were ordered to be hanged by a court of law, I would have been more satisfied.
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