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Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr

Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr

THE SUPREME COURT OF INDIA

[DECIDED ON 13 May, 2011]

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.1174-1178_OF 2011

[Arising out of SLP((Criminal) Nos. 3865-69 of 2011]

Bench: Markandey Katju, Gyan Sudha Misra

CASE DESCRIPTION: In this case the supreme court held fake encounter as the rarest of the rare case.

INTRODUCTION

Latest developments within the Indian legal system referring to the issues referring to “Rarest of crimes” have shown the credibility and activeness of the Indian Judiciary. The case of Prakash Kadam V Ramprasad Vishwanath the difficulty of faux encounter became an important issue. the judgment in this situation served as a setback towards those law enforcement officials and persons, who use this problem as a weapon to kill innocent man or woman. the question raised became:

Who will at ease us whilst police officers are indulged in settlement killings?

Killing harmless people within the call of come upon is a brutal offence, and it can be categorized underneath “Rarest of rare crimes”. additionally, it has been declared by using the apex court that the police officer, if located guilty, should be punished with the capital sentence or loss of life. A murder done through a ordinary man or woman would be a ordinary homicide, but a murder accomplished through a police officer, who owes a duty in the direction of the society for maintaining its peacefulness and has violated it thru the breach of his own obligation, could be punished with loss of life. The view of the courtroom turned into that if a police officer has been ordered through his senior legit to do an illegal act, then he can refuse to do such an act and if he doesn’t accomplish that, he might be chargeable for the offence committed by way of him in his own ability.

FACTS OF THE CASE

The prosecution cited the case, in brief, is that deceased Ramnarayan Gupta was the brother of complainant Ramprasad Gupta. within the afternoon of eleven-11-2006, Ramnarayan and his friend Anil Bheda have been kidnapped by using four or 5 properly-built people, who seemed to be policemen, through forcibly loading him in a silver-colored Qualis vehicle. The complainant despatched telegram and fax messages to the distinct government within the name of the wife of Anil Bheda or himself complaining that Anil Bheda and Ramnarayan Gupta were kidnapped by way of a few persons, who appeared to be policemen and there has been a hazard to the life of both of them. within the night at about 8.15 p.m a piece of breaking information was flashed on television that Ramnarayan Gupta changed into killed in an come upon with the police at Nana-Nani Park close to Versova. Anil Bheda turned into illegally detained at specific locationsfor approximately 30 days. After he was launched, web page: 1798 it became revealed that Anil Bheda and Ramnarayan Gupta have been first of all taken to DN Nagar Police Station and at approximately 7 pm Anil Bheda turned into taken faraway from the police station via a car by means of some policemen and changed into saved far from the police station for about 1-half hour or 2 hours.

Within the evening at approximately nine p.m. Anil Bheda changed into the delivered lower back to D. N Nagar Police Station. At that point, he noticed that some police officers and body of workers have been maintaining their hearth hands and blood-stained clothes in a room in a while Anil Bheda became detained for about 30 days at extraordinary locations consisting of at motel Mid metropolis situated in Andheri.The complainant moved several governments complaining that his brother turned into a murder, however, no motion changed into taken with the aid of the government involved. He sooner or later filed a Writ Petition, being WP No 2473/2006 beneath Article 226 of the constitution of India, and with the aid of an order dated thirteen-2-2008, the Division Bench of this court docket directed that inquiry be made with the aid of Metropolitan Justice of the Peace. fake FIR changed into lodged with the aid of accused No. nine Police Inspector Pradip Suryavanshi of DN Nagar Police Station to expose that Ramnarayan Gupta became killed in an stumble upon with Police whilst on being police asked to surrender, he fired against the police while he turned into in police custody, and that it becomes filed simplest to cover up the homicide of Ramnarayan Gupta. After the inquiry record turned into submitted, the Division Bench of this court docket with the aid of an order dated thirteen-8-2009 within the aforesaid Writ petition constituted a unique research team for research of this example. Mr.M.M Prasanna, DCP, Mumbai town, was appointed as Investigating Officer and he becomes directed to report the assertion of the complainant and to treat that declaration as FIR

COURT ANALYSIS

The bench which delivered the judgment consisted of Justice M. Katju and Justice Gyan Sudha Mishra, who also delivered the judgment, wherein it becomes held through them that Honour Killing is beneath the category of “Rarest of uncommon crimes”.the material gathered throughout the research prima facie shows that Ramnarayan Gupta became abducted during the daytime and was taken to D.N.Nagar Police Station and from there he becomes taken to some unknown location wherein he turned into shot lifeless. At nine p.m. some law enforcement officials came returned to the police station and deposited their weapons and saved their blood-stained clothes.

The Consistent with the opinion of the court that is a completely serious case in which prima facie a few law enforcement officials and a team of workers had been engaged with the aid of some non-public men and women to kill their opponent i.e. Ramnarayan Gupta and the law enforcement officials and the team of workers acted as contract killers for them. If such law enforcement officials and workforce may be engaged as agreement killers to complete a few individuals, there can be very sturdy apprehension in the mind of the witnesses approximately their personal protection. If the cops and body of workers should kill someone on the behest of a 3rd person, it cannot be dominated out that they will kill the crucial witnesses or their family or supply threats to them at the time of the trial of the case to save themselves. This factor has been absolutely unnoticed through the discovered sessions judge whilst granting bail to the accused humans.

It is stated through the court docket that our historic thinkers have been of the view that the worst state of affairs viable in society is a nation of lawlessness. whilst the rule of thumb of law collapses it is replaced by Matsyanyaya, which means the regulation of the jungle. In Sanskrit the phrase `Matsya’ way fish and Matsyanyaya means a situation where the large fish devours the smaller one. The view become taken by means of the apex court docket considering the growing lawlessness in the US.

COMMENT

In the present case of Prakash Kadam & and so forth. and many others vs Ramprasad Vishwanath Gupta & Anr, the high court docket become flawlessly justified in canceling the bail to the accused-appellants.” The accused/appellants are police personnel and it became their duty to uphold the regulation, but a way from performing their duty, they appear to have operated as criminals. as a consequence, the protectors have ended up the predators. the view that in cases wherein a fake come across is proved towards policemen in tribulation, they must take delivery of loss of life sentence, treating it because the rarest of the rare case”. fake `encounters are nothing however cold-blooded, brutal homicide with the aid of folks who are purported to uphold the regulation. in my opinion, if crimes are devoted by ordinary human beings, punishments are in its normal course of nature, however, if the offense is devoted by policemen lots harsher punishment have to take delivery to them due to the fact, they do an act absolutely contrary to their obligations.

In this case the court should have extracted a higher interpretation of the provisions which includes Exception 3 of section 300, which allows a public servant to exceed his power in good faith. however, such varieties of provisions were misused by these police officials in various cases now and then. cops are protected under positive provisions of Indian law. the placement of the weaker phase would get worse while their protectors are killing them for money or for his or her personal gain. We stay in a democracy, in which it’s far the responsibility of the country toward its citizens for keeping the peace of the society. similarly, it can be analyzed that the judgment given the present case fails to make clarity in punishments for the officials who’re involved underneath a crook conspiracy and is supposed to uphold and guard the constitution – Held, where a faux come across is proved towards policemen in a trial, they need to accept demise sentence, treating it because the rarest of rare case.

CONCLUSION

The supreme court in this example had rebuked the police via maintaining that faux ‘encounters’ were not anything, however, ‘bloodless-blooded murders’, and that individuals who devoted them must be surpassed loss of life penalty i.e. fake encounters need to be placed inside the class of ‘rarest of rare cases. The Apex court docket had further remarked that the police deserve stricter punishment for harassing the regulation than what is regular is due to the truth that the encounter philosophy is a criminal philosophy and the policeman who succumb to this kind of dastardly philosophy act in a conscious way, opposite to their responsibilities.

Author :

Aashi Prakash, The University of Petroleum and Energy Studies