Author: Bhavna Vij-Aurora
Publication: Outlook
Date: May 14, 2007
URL: http://www.outlookindia.com/full.asp?fodname=20070514&fname=Cover+Story+%28F%29&sid=3
"However, it is not okay to stage encounters.
But even they do happen, and should not," says the former Punjab police
chief.
The man largely credited with crushing militancy
in Punjab, K.P.S. Gill is a strong advocate of a proactive role for the police
in fighting terrorism and organised crime. During his tenure as the Punjab
police chief, his officers and men were given a free hand in cracking down
on Sikh militants. He talks to Bhavna Vij-Aurora about encounter killings.
Excerpts:
Q.: How does one explain encounters?
A.: Police officers become totally cynical. There is a sense of disenchantment
since they get to know so much during the course of their professional work.
When the conduct of judges themselves is questionable, the police officers
begin to think, who will implement the laws, who will protect society....
Q.: So, they bump off a 'terrorist' because
they think he will not be punished by the country's courts...
A.: No, I am not saying that.
But the criminal justice system has to be
strong, quick and effective to deal with the people arrested. The primary
function of the judicial system is to protect society, not so much to punish
criminals. The latter is only one of the instruments to achieve the former.
Everything boils down to governance, which includes an effective justice system.
All countries have special legislations to deal with terrorism, mafia and
organised crime. In India, unfortunately, if you have TADA, it is opposed;
if you have POTA, it is opposed. In the West, terrorism cases are decided
in months, or at the most in a year or two. Here, it took the courts 14 years
to start reading the prolonged judgement of the 1993 Bombay bombings.
Q.: Can encounters be discouraged, do cops
necessarily have to be trigger-happy?
A.: In my experience in policing, I have not come across any police officer
who is trigger-happy, who will kill just for the sake of it. Encounters should
happen, if required. If a terrorist or a criminal fires at the police, one
cannot expect the police personnel not to respond. There are situations when
the police have to open fire in which people may get killed. However, it is
not okay to stage encounters. But even they do happen, and should not.
Q.: Why is it that some police officers come
to be known as 'encounter specialists'? Do they get carried away by the hero-like
status given to them?
A.: It is only a few states that have seen encounter specialists. Mumbai (Maharashtra),
Delhi and now Gujarat. I cannot really say why they have come up only in these
places. Perhaps because of the prevalent situation and nature of crime. About
hero status, the press has a major role in building them up as iconic figures.
The police have to give a correct picture of the encounter, and the press
should report it in a responsible manner.
Q.: How should one deal with mistaken identity
encounters where innocent people are killed by the police?
A.: In fighting militancy and organised crime, mistakes are bound to happen.
Take the (May 1997) shootout case in Delhi's Connaught Place where two businessmen
were mistakenly killed by the police; the cops are still facing trial for
it. A similar thing happened in London after the 7/7 bombings, when an innocent
Brazilian immigrant, Jean Charles de Menezes, was shot by the police. Nobody
raised a hue and cry over that incident, and the officers responsible have
subsequently received promotions and there is no stigma attached to their
action. It's important that the intentions and motives of the officers are
correctly assessed in such cases.
Q.: So how must the authorities act against
police officers caught in fake encounters or those of mistaken identity?
A.: The police must be given a free hand to enforce the laws as they stand
on the statute, and should be taken to task if any fake encounters occur.
Mistaken identity encounters are an entirely different matter, and there are
laws to deal with these.It is important that everything does not get politicised.
The police chief-DG or CP, as the case may be-should be allowed to determine
whether the encounter was fake, staged or real. He should be able to stand
by his men when the action has been taken in good faith. It's only if glaring
shortcomings are found that the government should come into the picture and
take the perpetrators to task.