INTERVENTIONS MADE BY THE JUDICIARY FOR FINDING THE TRUTH IN ENCOUNTER KILLINGS.
Encounter Killings violate the fundamental rights of criminals as every person has a right to life and liberty which can only be deprived following the procedure established by law under Article 21 of the Constitution. This right extends to all persons without exception, including a fair investigation and trial even if a person is accused of a heinous crime thereby safeguarding the equality before law under Article 14. There is a procedure prescribed by the law for criminal investigation which is embedded in the Constitution under Article 21 as the Right to Life and Personal Liberty. It is fundamental, non-derogable, and available to every person. Even the State cannot violate that right. Hence, it is the responsibility of the police, being the officers of the State, to follow the Constitutional principles and uphold the Right to Life of every individual whether an innocent one or a criminal. In Gian Kaur vs The State Of Punjab held, the right to life does not include the ri...