Patricia Mukhim, Editor, The Shillong Times
On fake encounters
The discussion on the topic “Can fake encounters be a state policy,” flows from your report, where 66% of the people interviewed said that they agreed with fake encounters. This is an issue that we really need to reflect on. I come from Meghalaya, where the police are in active connivance with the government in facilitating illegal mining and transportation of coal. What do we do in these circumstances? The police, supposed to prevent illegalities, are part of an illegal system. I would like to correct the organisers of this programme by pointing out that it is not just the lack of development which has led to insurgency in the North East. We have the longest running insurgency in Nagaland, arising from an assertion of sovereignty, because the North East is not yet fully integrated into the idea of the Indian nation. After all we are only 74 years old as a country, so it’s an ongoing process, and I think we are getting there. The killings have come down substantively.
I would also like to correct another idea. If you ask anyone in the North East about their bone of contention, everyone will say that the Armed Forces (Special Powers) Act (AFSPA) should go. It’s not nice to have a law like this in a democratic nation. And then you look at the state government. At the first hint of trouble, the state government asks for the armed forces to come in. They will also declare an area as disturbed very quickly so that they can enforce the AFSPA. So many extra judicial killings have taken place under this Act, particularly in Manipur. Those 1,528 documented cases of alleged fake encounters from Manipur are still pending as part of prolonged litigation, although December 2017 was supposed to be the deadline given by the
It’s not nice to have a law like AFSPA in a democratic nation.
court. So, justice really takes a long time. At the same time when the conviction rate is as low as 4%, then where does the public trust stand? The public begins to lose faith and there is a system of complete politicisation of the police. The police are used as an instrument of the state, and to further a political ideology. Then what you have is what we see today. There’s actually no rule of law if I may say so.
While we debate the national security advisory board, the recruitment process of the police force is itself questionable. So many people get in by paying money. If you are recruiting people in a corrupt manner into a force responsible for bringing justice to people, then how do you expect it to deliver justice. Investigation is always such a weak point in all the states of the North East. Looking for justice is like looking for needles in a haystack.
On police and the idea of instant justice
Then there are movies like Singham, reinforcing the public’s belief that instant justice is preferable to the long-drawn processes of law. In fake encounters, police assume the role of the judiciary and executioner, without giving the accused a chance to be heard. We still remember the famous Thangjam Manorama case in Manipur and the way her body was riddled with bullets, leading to the naked protests by 12 Imas
The police are used as an instrument of the state, and to further a political ideology.
(mothers) outside the Kangla fort. But even today, the army will say that they will not enter troubled territories if the AFSPA is not in force. We know that AFSPA grants the uniformed personnel extraordinary powers, and the impunity to kill just on mere suspicion. Whenever you file a PIL against these fake encounters, the CBI will investigate the case. So, the police will look into complaints against its own personnel. How does one expect justice then?
We have also gathered from media reports that rarely have encounter killings been carried out against some of the most wanted or powerful criminals. Encounters have been used by the state more often against the vulnerable sections of the society. Since May 2017 for instance, half of those killed in encounter killings in UP were Muslims, and the other half were Dalits and from other backward classes. And then, there are so many instances of political opponents being bumped off.
On rewards for encounters
In 2017, the UP government also allowed district police chiefs to announce rewards of upto ` 1 lakh for a team that carries out an encounter. I think this is a blatant violation of the SC guidelines, which among other things, prohibit out of turn promotions or rewards until the enquiry is complete and the police have been absolved of all allegations. Therefore, to me, all these are half done processes. While about 12 or 15 states have set up police complaints authorities so that public spirited citizens can complain against any trigger-happy policeman, none of these, at least in the North East, are working. So, we are back to square one, and do not know what to do. As media and human rights activists, we are left with very little resource to fight the state, fake encounters or extra judicial killings.
While about 12 or 15 states have set up police complaints authorities so that public spirited citizens can complain against any trigger-happy policeman, none of these, at least in the North East, are working.
NEXT »
