'Encounter killings' by Police are not new to Telangana or earlier unified Andhra Pradesh state. Encounter killings are not new more so to Vishwanath C Sajjanar, the Cyberabad Police Commissioner, whose men carried out the Friday pre-dawn gunning down of four accused persons in the horiffic gang-rape and brutal killing of veterinary doctor. But to call these as encounter killings is a travesty.
It was brazen 'custodial killings' of four accused persons whose custody was handedover by the Court to the police, just 48 hours before they killed the accused.
What was more shocking than the utterly unlawful action of the Police was the public reaction to these extra judicial killings from the people of not only Telugu states but across the country. Police personnel who participated in the killings were lifted and carried as 'heroes' by cheering crowds, who poured rushed to the spot of killings from nearby areas.
Flowers were showered on them from atop the bridge near the site of killings. In Hyderabad, so called Sajjanar 'fans' poured milk over his photo frame, expressing their gratitude for his 'instant justice'. Ironically enough, a section of women lawyers in Telangana High Court celebrated this dangerous blow to Rule of Law by distributing sweets to the Police personnel posted in the court premises.
Sajjanar, as Cyberabad Commissioner of Police, in whose jurisdiction the heinous gang rape and killing of Disha occured, and who personally visited the site of today's killings, held a press conference in the afternoon and narrated the sequence of events.
It could be of any encounter killing, the standard format .. snatched our weapons, tried to run away.. had no option but to fire upon them etc. Two police personnel were injured when the accused threw stones, one had a soft tissue injury and was being treated in an ICU !
When media persons asked his reaction about NHRC taking suo moto cognizance of these killings, the Commissioner responded, "We will answer to whoever takes cognizance, the state govt, NHRC, to all concerned."
The reason the Commissioner is so confident about answering anyone on this issue is because he has gone through the same exercise earlier also. In the second week of December 2008, when he was Superintendent of Police, Warangal district, the police had gunned down three youths in their 20s, a few hours after they were caught in an acid attack case.
YS Rajashekar Reddy was the chief minister and he was also then hailed by many for that encounter killing. Interestingly then also the three youth were taken to the crime spot to 'reconstruct the scene'. Sajjanar went on to become Commissioner of Cyberabad Police and now in similar circumstances of public outrage, the present killings happened under his watch while reconstructing the scene of crime.
Saner voices have already come out opposing this blatant disregard for rule of law, and more dangerously the public celebration of such custodial killings. But the stark reality this event exposes is the complete lack of faith on criminal justice system among vast sections of people, particularly among the middle classes.
As Manisha Sethi, the author of book "Kafkaland: Law, Prejudice and Counterterrorism in India" had noted once the Rule of Law threshold is lowered, there will be no distinction made between 'guilty' and 'innocent'. Her warning is most relevant today:
"Moreover, the list of encounterables is never static. Yesterday, it was terror accused, today “notorious criminals”, tomorrow it will be those charged with rape, day after thieves and pickpockets, and the following day, striking workers — any one in fact who can be demonized and whose “crimes” can be shown to be repugnant enough. Where will this lead us? Exceptions never remain exceptions. They will come to consume all of us eventually."
(NS arjun is practicing Advocate at Telangana High Court)
