Allahabad High Court Issues Guidelines on Police Encounters: No Immediate Promotions or Awards

Prayagraj: The Allahabad High Court has raised concerns over encounter killings by the UP Police, directing that police officers should not receive immediate promotions or gallantry awards following such incidents. The guidelines were issued while approving the bail petition of Raju alias Rajkumar from Mirzapur, with a six-point framework aimed at ensuring accountability and adherence to legal procedures.

Key Guidelines Issued by the Court

1. If a suspect or any person sustains serious injuries during an encounter, the police team must register a case at the nearest police station. The investigation will be conducted under the supervision of senior officers, including CBCID or another police unit.
2. Names of police personnel involved in the encounter should not automatically be treated as accused or suspects in the FIR.
3. Injured individuals must receive medical treatment, and their injuries should be examined. Statements will be recorded by a magistrate or medical officer along with a fitness certificate.
4. After a thorough investigation, the encounter report must be submitted to the competent court, following the Supreme Court guidelines from the PUCL vs Maharashtra case.
5. No out-of-turn promotions or gallantry awards shall be given to police officers immediately after the encounter. Awards or promotions will only be recommended after the committee confirms bravery without doubt.
6. In cases of non-compliance, misconduct, or bias, the victim’s family can approach the Sessions Judge, who may take action or escalate the matter to the High Court, ensuring accountability for responsible officers.

Judicial Emphasis

Justice Arun Kumar Deshwal highlighted that punishment of suspects is solely the domain of the judiciary, not the police. The bench also questioned the frequent use of firearms in encounters, noting that in several cases, officers were unhurt, raising doubts about the necessity and proportionality of the force used.

These directives are aimed at strengthening procedural safeguards in encounters, ensuring transparency, accountability, and adherence to constitutional rights while preventing arbitrary rewards or promotions for police personnel.