Gurdaspur teen's encounter: Petition seeks data on accused killed, injured while ‘escaping’ Punjab Police custody

Two days after a 19-year-old student was killed in an alleged fake encounter, a petition was filed before the Punjab and Haryana High Court seeking a comprehensive account of all accused persons either killed or grievously injured while “escaping” from police custody in the last two years, along with strict enforcement of constitutional safeguards.

The petitioner, Nikhil Saraf, has sought directions to the state to furnish details of the total number of accused allegedly killed or injured while in, or soon after escaping from, police custody over the last two years.

The plea also calls for disclosure of compliance with the guidelines laid down by the Supreme Court in “People’s Union for Civil Liberties versus State of Maharashtra”, which mandated an independent investigation and other procedural safeguards in cases of police encounters.

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Among other reliefs, the petition seeks details of disciplinary action initiated against officials who were duty-bound to secure custody but in whose watch the accused allegedly escaped.

It further prays for directions to the respondents to “strictly act in accordance with the law and the Constitution of India” and to take “appropriate action against all persons who had given such orders to conduct extra-judicial encounter/ killings in the State under the guise of encounter, or who executed such unconstitutional and illegal orders.”

The petitioner has also sought protection for individuals, both within and outside Punjab, who may wish to act as whistleblowers or informers on the issue of alleged extra-judicial encounters and custodial killings.

Another significant prayer seeks detailed reports from District Judges across Punjab on compliance with directions issued by the Supreme Court and the National and State Human Rights Commissions in cases involving encounter deaths, particularly where the accused was in police or preventive custody.

The plea further calls for information on promotions to all police officials, who indulged in encounters where the accused was killed/grievously hurt while escaping police custody, or prior custody, in the last two years

In the petition, it has been alleged that there has been a “surge in unconstitutional and illegal cases of extra-judicial encounters and killings” in various districts of Punjab. The petitioner has contended that in several instances, accused persons in police custody were either killed or deliberately shot in the legs under the pretext of escape attempts.

It has been asserted that “the storyline in all such cases is identical,” and that not a single police official has been brought to justice for allowing the accused to escape from custody, which proves that the encounter killings were pre-planned and that a well-hatched conspiracy was executed to shoot or eliminate persons already in custody.