Key Ruling
The Allahabad High Court has issued a stern warning to senior police officials in Uttar Pradesh, cautioning that Superintendents of Police (SPs), Senior Superintendents of Police (SSPs), and Police Commissioners will be personally liable for contempt of court if Supreme Court guidelines on police encounters are violated.
Court’s Directions
A Bench of Justice Arun Kumar Deshwal laid down six mandatory guidelines to be followed in cases where an accused suffers grievous injuries during police encounters.
The Court made it clear that strict compliance with the Supreme Court’s directions in PUCL v. State of Maharashtra is non-negotiable.
Personal Liability Of Senior Officers
The Court clarified that District Police Chiefs will be held personally accountable if the guidelines governing encounter investigations are not strictly followed within their jurisdiction.
This includes:
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Superintendents of Police (SP)
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Senior Superintendents of Police (SSP)
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Police Commissioners
Failure to comply may invite Contempt of Court proceedings.
Sharp Criticism Of ‘Half-Encounters’
In a strong rebuke of the State police’s functioning, the Court observed:
Police officers are resorting to so-called ‘half-encounters’ merely to gain out-of-turn promotions, appreciation from higher authorities, or fame on social media.
The Court noted that in several cases, officers:
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Unnecessarily used firearms
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Deliberately caused gunshot injuries on the leg of the accused, particularly below the knee
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Did so without any genuine threat or necessity
Reference To Supreme Court Precedent
The Court relied upon the Supreme Court’s landmark ruling in People’s Union for Civil Liberties (PUCL) v. State of Maharashtra, which prescribes:
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Independent and impartial investigation of encounter cases
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Registration of FIR
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Judicial oversight
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Accountability of police personnel
Legal Significance
The order reinforces that police encounters — whether fatal or non-fatal — cannot be treated as a tool for publicity or performance metrics.
Any deviation from constitutional safeguards will attract strict judicial scrutiny and contempt action.
Key Takeaway
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🚫 “Half-encounters” are unconstitutional and impermissible
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⚖️ Senior police officers bear direct responsibility
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🔍 SC encounter guidelines are mandatory, not advisory
