Kolkata, July 8 -- The police encounter that killed one of the accused in the Baruipur gangrape-murder case has turned the spotlight back on the Supreme Court's landmark ruling in People's Union for Civil Liberties (PUCL) v. State of Maharashtra (2014), which laid down the legal framework for investigating every police encounter resulting in death.

West Bengal Police said the accused Prabhash Mondal was shot dead after he allegedly snatched a police personnel's service firearm, fired at the escort team and attempted to flee during a crime scene reconstruction in the early hours of Wednesday.

The Supreme Court judgment assumes immediate significance because it prescribes the procedure to be followed in every police encounter resulting in death, irrespective of the gravity of the allegations against the deceased.

Recognising that police perform a difficult task while confronting hardened criminals, the Bench of Chief Justice RM Lodha and Justice Rohinton Fali Nariman nevertheless held that every such death must undergo an independent, effective and transparent investigation.

The court observed that these safeguards were essential to uphold the constitutional guarantee of life under Article 21 and maintain public confidence in the criminal justice system.

The court accordingly laid down a comprehensive set of mandatory guidelines to govern every such case. It directed that an FIR be registered, followed by an independent investigation by the CID or a police team from another police station under the supervision of a senior officer. A magisterial inquiry was made mandatory in every 'encounter death'.

The guidelines also require preservation of forensic evidence, videography of the post-mortem by government doctors, prompt intimation to the National or State Human Rights Commission, immediate information to the deceased's next of kin, and expeditious submission of the investigation report before the competent court.

The judgment further provides that if an investigation concludes that the use of firearms amounted to an offence, disciplinary action must be initiated against the police personnel concerned and they must be placed under suspension pending further proceedings.

At the same time, the court recognised that police officers acting lawfully in the discharge of their duties are entitled to the protection available under law.

Published by HT Digital Content Services with permission from Millennium Post.