ENCOUNTER KILLING!!! A WILD JUSTICE OR A COLD-BLOODED MURDER????

What is Encounter Killing?

#EXTRAJUDICIAL KILLING

#WILDJUSTICE

Everyone these days are hearing the word "Encounter" killing often from last 2-Years and very recently also viz-Encounter on Kanpur Highway by UP police of Vikas Dubey. 
The Encounter killing or Extrajudicial killing is done by Police or armed forces, supposedly in self-defense or in the case the criminal or suspected tries to flee from the police custody.
This term Encounter killing got very popularised in 20th century. The legality behind encounter killing has always been a hot topic to be debated, different people have different views regarding encounter killing but we need to understand, how far it rationale to encounter suspects in our Policing system? Is encounter killing reflects the helplessness of our police to assure the free and fair trial of criminals in the Court of Justice.

What is the legal rationale behind Extrajudicial killing? Is Retributive Justice?

The highest interperter of Law in our country -The Honourable SUPREME COURT has repetitively reprimanded Trigger-Happy policeman who diffuses the criminals in the guise of encounter.
As far as I think encounter killing is a kind of wild justice and probably this is not the duty of our police, but I am also not oblivious to the fact that police in India have to perform a difficult task, a hectic duty and a delicate task particularly when many Hardcore Criminals, Extremists, Terrorists, Drug Peddlers and Smugglers who has organised gang, these gangs needs to be dealt very intelligently and with involvement of various stakeholders in our community.
There may also possible that cop may have ulterior motives behind such encounter.
The reason given behind every encounters these days seems to a bit scripted that The criminals tries to snatch the police arms and was about to flee from the police custody, so these things creates a environment of darkness and doubt about these encounter.
These Encounter with them also closes the window of Chains of People who were providing A POLITICAL PATRONAGE to these criminals band they got aquitted very easily after encounter of such criminals, so that's why many more criminals starts to thrive and flourish with the Political Patronage.
HOW a encounter killing can be Justice it is only a kind of Retributive Justice or Justice by Police. But unfortunately, police does not have authority to decide who is guilty of crime, it is a duty of our Courts. The Police has right to arrest and interrogate about cases and make sure that the criminal is trialed in the Court. 

What are the guidelines of The Supreme Court? What says the NHRC (National Human Rights Commission)?

The Honourable Supreme Court  while hearing a petition in Extrajudicial killing in Manipur had aslo observed that NHRC, the "Protector, Adviser, Monitor and Educator" of Human Rights had referred to itself as a "TOOTHLESS TIGER".The honourable Court rebuked The NHRC in such harsh words clearly reflects the helplessness of the NHRC in protecting the Human Rights.The Constitution of India provides it's citizens with Article like Art. 14 to Art. 21 which has ensured fair and free trial to criminals like Ajmal Kasab the Mastermind of Mumbai attack and the honourable court delivered Justice to the Country.
But , it is unfortunate that Indian Police continues to work with a Colonial coercive machines and mindset , we need to introduce great reforms in our Police  system because our Police is working continuously whole week and under very meagre resources and it is very unfortunate that we lost our 8 brave policemen in Kanpur Encounter.
In PRAKASH KADAM  vs RAMPRASAD VISHWANATH GUPTA (ON 13 MAY, 2011),it has categorically said that FAKE Encounter by the police are nothing but COLD-BLOODED murder.
The honourable courts also directs that a FIR should be registered under section 302 of IPC (Indian Penal Code) which penalised CULPABLE MURDER.
The Bench of Chief Justice in 2014 R.M. Lodha and Rohinton Fali Nariman mandated that every custodial death could be probed by a magistrate as per Section 170 of CrPC (Criminal Penal Code).
The court also says that Every death at the hand of police need to be recorded.
But, it is very disappointing how the guidelines of the honourable court has been flouted and it is a matter of very serious concern for us. The honourable courts needs to take SUO MOTO COGNISANCE in cases as soon as possible to ensure the RULE OF LAW I the country.
The NHRC issued a comprehensive guidelines after a complain from the Andhra Pradesh Civil Liberties Union alleging fake encounter in the state to eliminate individuals indentified as Maoist as member of the People's War Group. Viz-https://nhrc.nic.in/press-release/nhrc-issues-fresh-guidelines-regarding-intimation-custodial-death

But, The Indian Evidence Act puts the burden of proof on the defense and in this case is the police, who  more or less always get Clean Chit. 

"THE ENCOUNTER PHILOSOPHY IS A CRIMINAL PHILOSOPHY, AND ALL POLICEMEN MUST KNOW IT''--- JUSTICE KATJU