Police cannot claim of self defence

By S A Ishaqui
Hyderabad, March 3: An investigating officer in police encounter cases
cannot give his verdict on the probe, senior counsels KG Kannabhiran
and Bojja Takaram on Monday argued before a larger bench of the AP
High Court.
They argued that law does not allow a police officer to claim right of
self defence.
The High Court has taken up, for the first time in the country, a hearing
on a batch of writ petitions to decide whether the names of police
personnel, who participate in an encounter, should be disclosed.
The larger bench headed by Justice G Raghuram and Justice VVS Rao,
Justice R Subhash Reddy, Justice Ramesh Ranagnathan and Justice G
Bhavani Prasad heard day-long arguments.
It had permitted the Commonwealth Human Rights Initiative to
implead as one of the parties in the petition. The bench asked the
counsel for CHRI, Mr Trideep Pais, to file his counter affidavit.
While beginning the arguments the Advocate-General, Mr CV Mohan
Reddy, asked the court to implead the Union Government as one of the
respondents in the matter.
He told the court that as many as 13 states in the country were affected
by the Maoist problem and several intricacies were involved in the
matter and it would be better to make the Union Government as a party
in the hearing.
The bench observed that the subject of law and order is in the purview
of the State and the petitions pertaining to the incidents have been
taken place in the state itself.
Mr Kannabhiran argued that the issue could not be viewed only at law
and order perception. It involved socio-economic aspects and it would
be suggestible to make the Union Government as a respondent.
The bench observed that it would take decision in due course.
Mr Tarakam argued that right of self defence can only be claimed by a
person when he is an accused in the case. He asked the court that in the
case of encounter killings the police were never shown as accused and
then how could they claim the right?
He informed the court that as per Section 154 of CRPC "when a police
officer receives oral information about a cognizable offence he is
required to reduce it to writing and proceed. If the police officer
receives a written complaint of a cognizable offence, he has to enter it
in the relevant register and investigate. He has no other option".
He said "in encounter death cases police registering a case of attempt to
murder against the naxalites and they did not even mention about the
death taking place during the encounter. Later they are closing the case
claiming right of self defence".
Mr Kannabhiran alleged that this stereotype of investigation had been
going on in the state from 1969. The arguments will continue on
Tuesday.