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Judiciary’s response:
♤ R.S. Sodhi vs State of U.P. 1992: In this judgement, the Supreme Court held that every police encounter must be investigated.
♤ In 2014, the SC provided detailed guidelines to check extra judicial killings.
o Independent investigation into encounters, by the CID or police team of another police station under the supervision of a senior officer.
o Probe report shall be forwarded to the court concerned so that a magisterial inquiry is carried out and a final report submitted.
o No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence.
o If an incriminating chargesheet is filed against the police officers, the trial must be concluded expeditiously, apart from initiating disciplinary action against such officers and placing them under suspension.
o The relatives of a victim can also approach a Sessions Court if the authorities fail to comply with the Supreme Court directives
Recently, the Supreme Court ordered a CBI investigation into cases of suspected extra- judicial killings in Manipur based on a PIL. Similarly, the court had last year ruled that the armed forces cannot escape investigation for excesses even in places where they enjoy special powers under AFSPA. The court also addressed the Centre to take note of the NHRC’s concerns and remedy the situation. By doing so, the court has reiterated that the principle of accountability is an essential part of the rule of law.