Encounter killings: A euphemism for police murder
By V. Suresh
Originally published in The New Indian Express
For decades, Tamil Nadu police enjoyed ‘immunity’ from accountability, thanks to various political masters.
On October 7, the TN police found themselves in the ‘dock’ – of the State Human Rights Commission – to explain a statement made by A Elangovan, Assistant Commissioner of Police, Tiruvottiyur, to the wife of a history-sheeter Praveen at Kuttagai that if he did not behave properly, his hands and legs would be broken, and if he engaged in murder, he might be killed in an encounter.
The statement – or ‘threat’ – was caught on video even as the ACP stood before Praveen’s house, accompanied by a posse of policemen. Praveen (allegedly involved in 10 cases, including a murder) has gone missing since the murder of former BSP leader Armstrong on July 5.
The SHRC order notes that the panel cannot remain a mute spectator when threats are given by policemen to the family members of accused.
The commission also directed A Arun, Commissioner of Police, Chennai, to appear before the panel on October 14 and explain what he meant in a statement he made while assuming office – that the police “would speak to rowdies in a language they understood” – and the kind of instructions he had given to his subordinate officers.
The SHRC also directed the home secretary, DGP and commissioner of police to initiate disciplinary action against the ACP. In a writ petition in the high court, Elangovan challenged the SHRC’s order claiming that he made the statement without motive and only to ‘maintain law and order’.
The court, however, granted only partial stay of that portion of the order directing initiation of disciplinary proceedings and refused to stay the full operation of the order, which also directed Arun to appear before it. In the last few decades, the TN police has earned notoriety for killing several criminals in ‘encounters’. In copybook style, these encounters are palmed off using an old story line in the department’s toolkit – ‘shooting in self-defence’.
In reality, encounter killing is just an euphemism for ‘calculated police murder’. The shock value of the term ‘police murder’ is dulled by using the term ‘encounter’ which seeks to gain public consent for the murderous action.
For decades, the TN police enjoyed immense ‘impunity’ and ‘immunity’ from accountability by various political masters.
Over 14 ‘encounters’ have been committed by police since the DMK assumed office in May 2021. The SC in ‘PUCL versus state of Maharashtra’ (2014) case has categorically ruled that in every case of encounter killing, a separate FIR should be registered and investigated by an independent police team to ensure accountability.
On September 27, Justice Bharatha Chakravarty of the Madras HC delivered a landmark ruling in encounter cases. In ‘Guruvammal vs Commissioner of Police, Madurai’ an encounter case of 2010, he expressed anguish that despite TN being one of the better law-enforcing states and its police being one of the better law-enforcing agencies, “a disturbing trend of (i) increase in dangerous criminals trying to attack police party and being shot dead or injured; and (ii) increase in accused trying to escape and falling and fracturing their hands, is happening”.
Using strong language, the court pointed that police recourse to ‘encounters’ discloses a troubling attitude among law enforcing agencies, of lack of faith in rule of law, constitutional rights and protection and the criminal justice system. Pointing that such an attitude is reminiscent of the colonial past, the court said it is also an affront to democracy.
V Suresh is an advocate & national general secretary, People’s Union for Civil Liberties