Extrajudicial Executions and Fabricated Encounters: A Case-Centric Analysis of the Vikas Dubey Incident

Abstract

Article 21 of the Constitution states, “No person shall be deprived of his life or personal liberty except in accordance with the procedure established by law.” [Constitution of India] This implies that the government must conduct a criminal trial in line with the Criminal Procedure Code's rules before denying someone their life. However, fake encounters fully avoid and bypass this legal process because they actually involve dumping someone without a trial. As a result, such interactions are completely against the Constitution and the principles of the Rule of Law as well as constitutional appropriateness. They are violations of human rights and fundamental criminal law principles, which state that an accused person is presumed innocent until and unless proven guilty by a court of law. Additionally, the increase in fake encounter cases in India has damaged India's reputation on the global human rights index and damaged our goodwill in international forums. The very suspicious death of mobster Vikas Dubey, who was shot dead in an elaborately staged attack just one day after his capture, has caused a great controversy and raised serious questions about the veracity of encounters and extrajudicial killings. One portion praised the police for bringing "instant justice," while another referred to the incident as "extrajudicial murder" and questioned its legality. India operates under the rule of law and upholds the notion of "presumption of innocence" until the accused is proven guilty. The legal system defends the rule of law and stops the arbitrary use of authority. Even the 26/11 perpetrator Ajmal Kasab was given a trial. The number of fake encounter cases has recently increased sporadically and significantly in our nation. This sets a hazardous precedent and is in no way acceptable in a civilised society where the Rule of Law is upheld.