Abstract

Police encounters are the violation of the human rights of the person who is actually until not proven guilty cannot be called as offender or criminal. Sometimes it is being reported and acknowledged that it is faked also. So what is that law which allows our executor to take law in their hands? If we will see minutely it is a direct encroachment of the executor on the judiciary. If the executor will perform all the functions of the judiciary the there is no use of the criminal justice system in India, all the decisions of the punishment and releasing of any person would be taken by the executor, it is a grave violation of fundamental rights enshrined under the Constitution of India. So the power exercised by the executor in case of the police encounter is a grave violation and a direct encroachment over the human rights as well as the fundamental rights of the criminal. As our constitution of India protects the rights of the convicted as well as the person in the preventive detention and this police encounters are the direct violation of the human rights of the criminals. In India we are taking care of the human rights of a brutal killer like Kasaab but we are not thinking about the human rights of our own nationals. This paper basically deals with the occurrence of the massive number of the police encounter in India and its direct encroachment on the sphere of the judiciary. This extra judicial killing and fake encounters are the ugly face of our developing nation. If it will not be stopped today then that day is not so far when the executive will become act as a judiciary body and our fourth pillar of the democracy ‘the Media’ will become the platform to decide the cases.

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