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In Gujrat, IPS Officers have been arrested for a reported 'fake encounter' and killing of a person (and his wife) although the POLICE have demdnded that the dead person was a terrorist. Investigation is going on and the matter is pending with the Appx Court. In West Bengal, ORIGINAL encounter had killed more than a dozen people (poor farmers) in Nandigram more than two months back. Till date, not a single person has been arrested ! How the lawyers would explain this ?

2007-05-08 04:15:47 · 8 answers · asked by Gauranga B 2 in Politics & Government Law & Ethics

8 answers

It is up to some public spirited persons like you perhaps, to approach NGO's to petition the Supreme Court or WBHC. In the Gujarat matter, the brother of the deceased victim approached the SC. All judges are not so pro active that they will take suo moto action.

2007-05-09 21:21:42 · answer #1 · answered by ? 4 · 0 0

Lawyers job is not to arrest or investigate into any incidence of crime or encounter, his/her job is to assist the court to arrive to an conclusion for any happening if that amounts to crime or not. The job of investigation & encounter is the job of the executive body of the concerned government through its investigating agencies such as police/CBI/CID etc. In India the executive body of the government is in the hand of politicians who get elected to form the government & control the executive government in centre as well in various states. The lawyers who represent the executive government in courts are on the payroll of the government & they will do according to the instructions of the government only otherwise it amounts to breach of professional ethics. Most of the issues you see happening nowadays are more of political in nature planted by politicians & this the reason even the Supreme Court very recently commented while hearing the OBC matter that this was more of vote bank politics rather then social cause, so you see its not only you the people of India who realize this that its all political game but even the judiciary see it in this manner. After all even the judiciary comprise of lawyers only so the whole legal professional know that its just issues planted by politicians for satisfaction of their own vote banks. Now why not a single person has been arrested for any such matter? It’s very simple if the politicians plant such issues through their own men will they get their own men arrested how it is possible!

2007-05-08 05:20:19 · answer #2 · answered by vijay m Indian Lawyer 7 · 0 0

Nandigram is not an encounter. Police fired bullets to disperse the agitating mob that ultimately caused their death. Encounter is a solid weapon used by police to give instant reply to the un-lawful, anti social, hardcore criminals and terrorists. In India legal procedures take lengthy time and as the time lapsed, criminals cover-up their crimes and come out of bars in a vengeance to revive their activities with full swing. Their activities disturb the peace of the society and ordinary citizens targeted for their crimes. To prevent all this continuity process, police eliminate those hardcore elements once for all. Legal point of view it is wrong, but society point of view it is correct. Take for example, Bombay blasts case.Since 1993, the case is hearing, till now the judgement is not delivered. Our parliament, the head of our Indian democracy attacked, still Afzal's sentence not took place. Manu sharma's case and like so many cases. As the process is long, intensity of the crime is diluted and aspirations of the affected families ignored.

2007-05-08 05:08:11 · answer #3 · answered by puvvula s 3 · 0 0

So long as there are genuine reaons to believe and prove that innocent people donot die in the encounter, then it is OK, whether it is fake or real encounter. If terrorist and anti-social elements are need to be eliminated in the name of fake encounter, I donot see any reason for this hype.

2007-05-09 20:55:02 · answer #4 · answered by Lavgan 4 · 0 0

Fake encounter: Stage managed. Lot of media/political publicity.
Real encounter: Hero will be victimised. His family tortured.

This attitude is worst than match fixing.

2007-05-08 05:27:43 · answer #5 · answered by Vijay 3 · 0 0

Perhaps fake encounters seem serius as they are discovered later, suppression makes them worth debating. originals have greater chance to wrap them up, tell lie in a polished way.

2007-05-08 04:58:18 · answer #6 · answered by Anonymous · 0 0

Encounter is an extreme step to self protect police during their operation.It is very rarely used .It is required for effective
crime control.
But on certain occasions it is misused where it requires condemnation.

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2016-10-04 13:51:07 · answer #8 · answered by ? 4 · 0 0

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