Extra-legal Executions: The Threat to the Right to Life Asad Jamal Advocate Asadjamal2006@gmail.

com Introduction Though the protection provided to human rights by the Pakistani state remains as lamentable as ever and this sad state of affairs has garnered a great deal of attention, there remain certain rights’ violations which are yet to find the due place in our national discourse. Extra-judicial executions or extra-legal killings at the hands of state agencies/authorities are one such phenomenon.1 Recent revelations by some rights-based non-government organizations about extra-legal killings at the hands of the members of armed forces in the Federally Administered Tribal Areas (FATA) and Malakand have shocked the world. Balochistan, which remains in the grip of insurgency, continues to send a regular dose of news involving extra-legal killings enforced diappearances. However, the true extent of deaths at the hands of the armed and para-military forces of the country is yet to be fully known. Extra-legal killings at the hands of the police are another area of great concern. Though the illegal deaths in custody both with the police and in jails seem to have declined in recent years, the extra-legal killings in so-called police encounters at the hands of the police have once again seen a surge in the last few years. While instances of extra-legal killings by the armed and para-military forces have been referred to in thus paper, the main focus of will be the more frequently occurring killings in so-called police encounters. While media reports of ‘encounter’ deaths often receive little public attention, some recent cases have attracted an unusual degree of scrutiny.2 However, the media attention usually does not go beyond the surface and serious dialogue to influence law and policy does not take place. The use of extra-legal killings by the authorities in Pakistan continues despite the fact that this practice violates the fundamental constitutional and legal safeguards enshrined in Article 4(1) of the Constitution of Pakistan which reads: "To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen". Extralegal killings are shameful violation of the fundamental right to be treated in accordance

The terms extra-legal killings and extra-judicial executions are used interchangeably. Qaiser Zulfiqar, SC to grill Punjab Police on staged encounters, The Express Tribune, 9 November 2010: http://tribune.com.pk/story/74381/sc-to-grill-punjab-police-on-staged-encounters/ ; also Dawn, 29 January 2009, Judicial probe into Nannu case ordered: www.dawn.com/2009/01/29/nat33.htm ((last accessed 2 November 2010)

with law and more importantly the inherent right to life of every human being. There is an urgent need to focus attention on the problem, to find and analyse the causes and demand an end to such practices through internationally recognized principles. Accordingly, this paper attempts to tackle the issue and begins to fill the gap by enhancing understanding of the nature of the problem, relevant domestic and international legal regime and obligations of the state, and internationally recognized principles applicable in the context to make recommendations. The paper is divided into ___ main sections. It starts with the definition of extra-legal killings, and then gives an idea of the extent of the problem in terms of statistics and state policy. The next section lists state obligations under the domestic constitutional and legal regime as well as international law. It then ends with proposing recommendations for the state to take action. Methodology The methodology involves a survey of reported cases of extra-legal killings especially at the hands of the police in the recent years in Pakistan. Though an attempt was made to seek information from official sources, it did not come in time. In the absence of any systematic and reliable information available from official sources, reports by rightsbased non-government organizations, newspapers and internet based information only are used. Interviews with lawyers and prosecutors pursuing criminal litigation, researchers of nongovernment organizations, journalists, police officials, and present and former judges were also conducted. Further, an attempt is made to make references to available international literature, law and development at various international fora. References are also made to the emerging case law from superior courts of Pakistan. The paper concludes with recommendations based on the understanding of domestic and international legal obligations of the Pakistani state and the various sets of principles adopted by international community to protect the right to life. Defining Extra-legal killing The most fundamental characteristic of extra-legal killings is that they are carried out outside the ambit of law. The Supreme Court of Pakistan (SCP) tried to capture this characteristic while defining an extra-legal killing as a killing “which has no sanction or

the first UN Special Rapporteur on Extrajudicial. ISRAEL AND THE OCCUPIED TERRITORIES: ISRAEL MUST PUT AN IMMEDIATE END TO THE POLICY AND PRACTICE OF ASSASSINATIONS. Oxford University Press. AI Doc. E/EC. UN Commission on Human Rights Special Rapporteur on the question of torture (1993-2003). a killing will be extra-legal also when it is in violation of international law. internal political instability or any other public emergency may not be invoked as a justification of such executions. has defined extrajudicial executions as “killings committed outside the judicial process by. 4 July 2003.amnesty.Summary or Arbitrary Executions.4/1983/16. Summary or Arbitrary Executions (1982-92). INSTITUTE FOR HUMAN RIGHTS.pdf 5 Nigel S. UN Doc. 66 referred to by Katja Luopajärvi. Sir Nigel Rodley. and are punishable by appropriate penalties which take into account the seriousness of such offences. These killings take place outside any judicial framework. He defined extra legal executions as killings committed outside the judicial or legal process. Exceptional circumstances including a state of war or threat of war.”3 But would it not be extra-legal killing if under some national law provision summary procedure bypassing the due process of law was allowed for executions in a certain category of offences? The answer to this question may be found in the definition provided by Mr. Amos Wako.abo.permission under the law or which cannot be covered or defended under any provision of law. EXTRAJUDICIAL. public officials. or with the consent of.4 Thus.html 4 . “Extrajudicial killings are killings which can reasonably be assumed to be the result of a policy at any level of government to eliminate specific individuals as an alternative to arresting them and bringing them to justice. Index: MDE 15/056/2003 see footnote 1 : http://www. other than as necessary measures of law enforcement to protect life or as acts of armed conflict carried out in conformity with the rules of international humanitarian law.”5 Amnesty International in a 2003 report characterised an extrajudicial execution as “an unlawful and deliberate killing carried out by order of a government or with its acquiescence”. 3 Benazir Bhutto versus the President of Pakistan (PLD 1998 SC 388) See Report .. 3rd ed. ÅBO AKADEMI UNIVERSITY (2001): www.org/en/library/asset/MDE15/056/2003/en/16f1eef4-d6bd11dd-ab95-a13b602c0642/mde150562003en.”6 Article 1 of the UN Principles on the Effective Prevention and Investigation of Extra-legal. Rodley (with Matt Pollard). para. and at the same time. arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws. The Treatment of Prisoners under International Law. Oxford (2009) at page 252 (emphasis added) 6 Amnesty International. The report further says. Arbitrary and Summary Executions states: "Governments shall prohibit by law all extra-legal.fi/instut/imr/norfa/katja2_extrajudicial. illegal under relevant national and international laws. SUMMARY OR ARBITRARY EXECUTIONS — THE SCOPE OF THE MANDATE OF THE SPECIAL RAPPORTEUR.

pages 54-55. HRF/71/03 23 January. are applicable. (Classic: Lahore. In both these situations non-state actors confront the state armed forces and pose a direct challenge to the state from within. International Law and Internal Armed Conflicts: Clarifying the Interplay between Human Rights Humanitarian Protections.7 However. 2003. and situations in which deaths occur in custody.8 Some Statistics 7 Mark Freeman. Of All Those Years.htm 8 M A K Chaudhry.Such executions shall not be carried out under any circumstances including. Also see Human Rights Feature Doc.g.ac/articles/a059.hrdc." In the initial paragraphs of this paper extra-legal killings at the hands of the armed and para-military forces were referred to. No. The euphemism ‘encounter’ has been used since the 1960s to describe extra-judicial killings because of the frequency with which police officials claim that the deceased had been killed in an encounter or muqabla with the police. In the international conflicts the challenge is external and thus different set of rules purely under international law e.htm (last accessed (last accessed 2 November 2010) . This prohibition shall prevail over decrees issued by governmental authority. situations of internal armed conflict. Extra-legal killings in the FATA and surrounding regions may therefore be seen as “internal armed conflict”. Such killings take place in situations distinguishable from the situations in which the police encounters take place. 2006).net/sahrdc/hrfeatures/HRF71. intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life. Feinstein International Centre: http://www. and the situation in the insurgency hit areas may be called “internal tensions and disturbance”. excessive or illegal use of force by a public official or other person acting in an official capacity or by a person acting at the instigation. International law experts differentiate these situations from international armed conflicts.jha. but not limited to. India: Extrajudicial killings under the spotlight: http://www. or with the consent or acquiescence of such person." Principle 9 of the Basic Principles states: "Law enforcement officials shall not use firearms against persons except in selfdefence or in defence of others against the imminent threat of death or serious injury… and only when less extreme means are insufficient to achieve these objectives… In any event. The Journal of Humanitarian Assistance. Geneva Conventions. a few important points regarding extra-legal killings in police encounters will be in order before proceeding further.

Out of the 226 encounter killings recorded by HRCP. 13 in Khyber Pakhtunkhwa and one in Balochistan. media reports and efforts by some rights based organizations are useful.Given the fact that the state authorities do not proactively reveal the violations. He claimed all the 307 encounters were genuine except one that aroused suspicion and was under investigation. the mere registration of a case does not ensure that an impartial inquiry will be conducted. killings in police encounters declined to 192 and 9 For details see Annexure Human Rights Commission of Pakistan. the police resist registration of a case even when the legal heirs of the deceased ‘gangsters’ and ‘criminals’ press for charges of murder. The police officials had killed a youth in an encounter in 2007. And even when a case is registered. if at all.hrcpweb. Sahiwal (Punjab). It was only after the families moved the court that a case against 26 police officers was registered on 12 November. a case against 26 police officials was registered only after the matter was brought before the Supreme Court. In spite of the absence of statistics at the state level. it is extremely difficult to know the accurate statistics on extra-legal killings. A case in point is the extra-legal killings of three young men whose dead bodies were returned to their families a day after they were picked up from a wedding party in Pakpattan. page 77: http://www. last accessed (last accessed 28 October 2010) 11 See Dawn. The police claimed the deceased were dacoits and had tried to escape from their custody when they were killed. Earlier in January 2010. 13 November 2010. nearly two months after the alleged executions. the IG’s statement does not reflect an accurate picture.org/pdf/Annual%20Report%202009. No prompt inquiry was conducted to determine the veracity of the police claim. In 2000. in 1999 HRCP recorded 350 encounters in which 527 ‘suspects’ were killed across Pakistan.dawn. the Human Rights Commission of Pakistan (HRCP) recorded 226 executions in police encounters in 2009. An insight into the reported news and case law emerging in the high courts would reveal that most of the cases are not properly inquired into.12 Again. State of Human Rights in 2009.10 It is then not difficult to guess how many of the encounter killings were indeed probed into and with degree of fairness. The aforementioned figures confirm the pattern of encounter killings observed over the past many years. Clearly. 31 in Sindh.11 Not many people heard or read the news of the killings on the media.9 The Inspector General of Punjab Police is reported to have admitted that 253 gangsters were killed in 308 encounters with the police in 2009. it was only after a long struggle by the family of the victim that a case was registered.pdf. in fact. In most of the cases the families can’t go that far and such cases go unreported and without proper enquiry. page 4 Lahore Edition: Encounter killings: DSP among 26 booked 12 http://news. Statistics help us get an idea about the spread of the problem and provide social and political indicators. 181 took place in Punjab. For instance. Approximate numbers of extra-legal killings from 2000 to 2004 were as follows.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/murder-caseagainst-26-410 (last accessed 2 November 2010) 10 . For instance.

hrcpweb. According to newspaper reports in August 2005 the Punjab Police had communicated to Islamabad the following encounter figures for 15 years (up to mid-August 2005) 16. 2009 revealed that around 260 police encounters took place across Punjab since the election of the incumbent chief minister in June 2008. 2005 with 252 killings and 35 police officials killed. and in 2004. State of Human Rights in 2007.dawn. State of Human Rights in 2001. page 96 15 Human Rights Commission of Pakistan. 22 April 2009: http://www.) Highest encounter killings in a year 413 in 417 encounters in 1998 (excluding police officers) No.pdf 16 Human Rights Commission of Pakistan . 195 killings were reported in 2003 (146 encounters). page 107 Human Rights Commission of Pakistan. State of Human Rights in 2002.246. Police Encounters in Punjab Period:1990-2005 (According to the Punjab Police) No.424 No. Dawn.hrcpweb. of encounters 3. of suspects killed 2. Newspaper reports and the pattern followed over the years suggest that extra-legal killings by the police are an accepted policy among the high political offices. while during the governor’s rule in the province from Feb 25 to March 31. a newspaper report appearing on 22 April. The data at HRCP collected from newspapers revealed that 166 encounters took place during November. the number of reported encounter killings again declined to 105 killed (134 encounters).pdf 17 Punjab is the most populated province with nearly 60 per cent of estimated 170 million inhabitants of Pakistan.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/encounters-270outlaws-killed-in-10-months ((last accessed 28 October 2010) . “Encounters: 270 outlaws killed in 10 months”. The report further revealed that according to the Punjab Police. leading to the elimination of more than 270 `criminals’. of police officials killed 493 Police officers to suspects killed ratio 1 to 5 (approx.) The official report put the number of alleged suspects killed in the encounters in Punjab17 alone for the 15 years till mid-2005 at 2. For example. page 78: http://www. 18 Ali.org/pdf/Archives%20Reports/AR2007. The pattern continued during 2005-2008. 73 criminals and two police officials were killed in 77 encounters in the first three months of 2009. 2004 to August.org/pdf/AR2005. Media reports put the death tolls in police encounters for 2006 and 200715 2008 at 171.18 13 14 Human Rights Commission of Pakistan. only one encounter took place in which two alleged robbers were killed by the elite force in Lahore. 234 and 259 respectively.107 in 200113 and rose to 236 in 200214. page 59: http://www. State of Human Rights in 2005.246 Average per year 150 (approx. Muhammad Faisal.

Lahore.”19 A so-called police encounter with robbers which occurred in January 2009 in a residential area (the EME Society) of Lahore was electronically recorded by anonymous and later aired on a TV channel (Express News). Heavy firing is exchanged.youtube. The Police had gone to arrest them on information received from informants. The footage clearly shows that the encounter was staged by the police. Both the ‘dacoits’ are killed but not a single police official is hurt in the ‘attack’ on the police. An Assistant Advocate General. 25 March.“There is no dearth of evidence to show that many encounters are staged after taking the victims out of places of detention and shooting them dead on roads and highways. 20 The SCP has taken notice of the incident. 2010 ((last accessed 28 October 2010) The recorded video footage has been posted at Youtube website: http://www. He is taken inside the house which was declared by the police as the abode of the ‘hardened criminals’. Punjab (AAG) appearing on behalf of the Punjab Government on 8 November 2010 informed the court that a judicial magistrate was conducting an inquiry into the EME Colony police encounter (even after about 22 months). Extra-legal Killings. The so-called dacoits resisted and attacked the police team. After the encounter the Police informed the media that they had killed two dacoits who were hiding at the place of encounter. The practice of aiming guns at the heads/chests of victims and the use of firearms that are not registered at the police stations concerned offer strong evidence that contradicts the police version of encounters.com/watch? v=UFDIEh75T8w . His hands are obviously tied on his back. Besides. the story most commonly offered — that the encounter took place when the criminals tried to escape or fired the first shots — is not taken seriously by anyone. So much so that one of the ‘criminals’ killed in the encounter is shown being brought by the police on the site of the encounter. The police version of the encounter was also presented before the apex court. According to a Superintendent Police (SP) appearing for the Punjab Police. two 19 20 I A Rehman. Dawn.

robbers broke into the house of an army major in the EME Colony and murdered him. They also took the whole family hostage at gunpoint but luckily one woman managed to slip out to report the incident to the police.bbc. It’s a big tragedy”.23 Human Rights Watch (HRW) has alleged Pakistan Army of carrying out about 238 summary executions. “Pakistan accused of killings. 23 New York Times.html?pagewanted=2&_r=1 (last accessed 2 November 2010) 24 Reuters. One of the members of the bench could not hold back and remarked:”The men were arrested outside the house and then taken inside where they were murdered in a fake encounter. but turned up in a mass grave later.24 A video released in October 2009 allegedly showed Pakistani soldiers beating up suspected Taliban militants or sympathizers. BBC News. “Pakistan probes torture video” (2 October 2009) at http://beta. 9 November 2010.thehindu.com. However.com/2009/09/15/world/asia/15swat. Mass graves have been found which the army said were filled with the bodies of militants killed in army operations. “Pakistan army said to be linked to Swat killings” (14 September 2009) at http://www.co.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/extrajudicial-killingsin-swat-hrcp-seeks-probe-by-parliamentary-body-889 (last accessed 2 November 2010).taipeitimes.ece (last accessed 14 November 2010) .com.25 A YouTube video (seemingly filmed with a mobile phone camera) allegedly shows 21 Qaiser Zulfiqar. The case was adjourned till 8 December 2010 for appearance before the court for appearance of the officer in-charge of the encounter.com/news/international/article28072.pk/story/74381/sc-to-grill-punjab-police-on-staged-encounters/ 22 to grill Punjab Police: Dawn.uk/2/hi/8230267. At least one militant commander was reported arrested by eyewitnesses. Express Tribune. the Human Rights Commission of Pakistan (HRCP) and other human rights groups allege that these mass graves contain suspected Taliban fighters who have been victims of extrajudicial killings perpetrated by the army.nytimes. Police arrived at the scene and arrested one of the robbers standing guard outside the house. SC http://tribune. Police allege he was killed in an encounter.21 The Pakistan Army has been accused of using excessive force in its surge against militants in the Swat valley. “More bodies in Pakistani valley” (31 August 2009) at http://news.com/News/world/archives/2010/04/06/2003469841/2 (last accessed 12 October 2010) 25 The Hindu. Later the police entered the house along with the arrested robber for negotiations with his accomplices but in an exchange of fire all the three burglars were killed. torture” (6 April 2010) at http://www.stm (last accessed 2 November 2010). “Extrajudicial killings in Swat’: HRCP seeks probe by parliamentary body” (18 August 2009) at http://www.dawn.22 Many of the bodies recovered from mass graves reportedly showed signs of torture.

given the soldiers’ movements and mannerism…It is crucial for the army to openly and transparently investigate this video and. inspects them and seemingly asks each one of them to recite Kalima (apparently following the practice of providing opportunity to recite kalima to prisoners on death row just before they are executed). Jane Perlez. blindfolded and hands tied behind their backs. The men fall. then one sees all the six men falling back as one hears shots. Pakistani Army Chief Orders Video Inquiry: http://www. and a soldier.26 According to journalist Ejaz Haider. it is hard to believe that this is a set-up. the Army Chief.com/2010/10/08/world/asia/08islamabad. Tanvir saab doesn’t hear him and this man then calls out and says.html . The soldier returns toward the other soldiers who then stand in a line and straighten their rifles. to proceed against the officers and men involved for murder. The video shows army jawans bringing apparently six young men to an unidentified location. Two soldiers then walk up to the bodies and fire shots to ensure killings beyond doubt. Also see Jane Perlez. 2010: http://www. And it is the task of the media and the society to debate these issues without losing the many nuances that 26 Part of the five-and-a-half minute video is available at http://www.” Apparently. “Tanvir saab. Global Edition (Asia Pacific). One can then hear cries of the victims.com/watch?v=zHjIPh0Cja4 (last accessed 2 November 2010). The video was first denied by the Pakistan Army. if it is found to be genuine. Video Hints at Executions by Pakistanis. one can hear birds chirping and then a voice saying. Tanvir saab ko bulao.nytimes. who is bearded and without a moustache. “Abid.youtube. The men are lined up. Later. 2IC saab bula rahay hain…To anyone who has seen the army from close quarters. 30 September.Pakistan Army troops executing six young men. “While these men are being led to the spot where they are shown to be killed. The New York Times. General Ashfaq Pervez Kiyani reportedly ordered for an internal inquiry. 2IC [second-in-command] saab bula rahay hain.html?_r=1 .nytimes.com/2010/09/30/world/asia/30pstan.

”27 HRW has corroborated 50 such suspicious killings from local sources. said most of the bodies were found in Swat and independent journalists and locals widely believed security forces were behind the killings. to March 22. such incidents have been recorded during the civil war in the 27 Ejaz Haider. Senior South Asia Analyst at Human Rights Watch. HRCP.hrw.pk/story/58011/linethem-up-and-execute/ (last accessed 4 October 2010) 28 Human Rights Watch (16 July 2010) Pakistan: Extrajudicial Executions by Army in Swat: http://www. illegal. Line them up and execute. said Ali Dayan Hasan. 2009.underlie them.28 "Killing terrorism suspects and their relatives in cold blood is vicious.com. which provided a list of 249 suspected extra-judicial killings from July 30. For example.29 Incidents of extra-legal killings at the hands of security forces are also not a new phenomenon. 2010. Express Tribune. and constitutes an appallingly bad counterterrorism practice that just creates more enemies". 4 October 2010: http://tribune.org/en/news/2010/07/16/pakistan-extrajudicial-executions-army-swat (last accessed 13 November 2010) 29 .

State of Human Rights in 2005. For 2009 figures see Human Rights Commission of Pakistan . while his family maintains he was tortured to death. State of Human Rights in 2009. and the other.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/metropolitan/04-policemenface-murder-charge-custodial-death-case-qs-02 (last accessed 8 October 2010) 32 Human Rights Commission of Pakistan . and when the armed and paramilitary forces were called in aid of the civil authorities in Sindh during the 1980s and 1990s.html (last accessed 2 November 2010).32 As many as 54 prisoners died or were killed in the country’s prisons during 2009.amnesty.dawn. It was done only after the complainant party took the matter to the SC. such deaths cannot stay away from the media attention as the victim and perpetrators are immediately identifiable. at http://news. in the custody of the police. The police alleged he committed suicide in prison. The reporting of incidents of death in custody. This lowering number of deaths in police custody and in prisons could be result of official attention. though not necessarily always. compared to 15 deaths in police custody and less than half a dozen suspect deaths due to unnatural reasons reported in 2009. another 16 people died in prisons in Pakistan. This often leads to official action.hrcpweb. pages 85-86 and 101-102 31 In the case of death of youth in police custody Investigating Officer inserted Section 302 (punishment for premeditated murder) in place of Section 316 (punishment for qatl shibhi-i-amd) of the PPC in the report under section 173 of CrPC on 2 September 2009.31 However.then East Pakistan (now Bangladesh) in 1971. They included Fanish Masih.com. and thus extra-legal deaths due to unlawful reasons.org/en/library/asset/ASA33/005/1993/en/79e1da46-ec31-11dd-8d9da7825928c0bf/asa330051993en. a Christian youth accused of showing disrespect towards the Quran. in prisons. At the beginning of March 2005 the government informed the National Assembly that 14 custodial deaths had taken place over the preceding six months while the number of such cases reported by newspapers was smaller. See Amnesty International’s Document titled “Pakistan: Torture. that death in custody brings immediate and direct blame on the custodians. page 101 . Policemen face murder charge in custodial death case. Custodial deaths There are two kinds of deaths in custody: one.33 30 At least 75 people died in 1992 in police custody.pdf 33 Human Rights Commission of Pakistan. all cases of death in custody are still not reported in the media. page 76 : http://www. during the insurgency in Balochistan in the 1970s.30 The reasons include: one. HRCP’s report (2005) noted that ‘there was little doubt that a determined campaign to end death (by unnatural causes) in custody remained a high priority objective before the custodians of law and order’.org/pdf/AR2005. At least 75 people died in police custody and another 16 people died in prisons in 1992 due to both natural and unnatural causes. Deaths in Custody and Extrajudicial Executions”: http://www. See Dawn. Two. State of Human Rights in 2009 (2010). seem to have declined over past two decades.

see supra note 5 at page 247 36 General Comment 6(16). Though there are clauses acknowledging the permissibility of restricting some rights on the grounds such as the need to maintain public order such as articles 18(3). a protection accorded to a very limited number of rights. The right to life. Report of the Human Rights Committee. Article 3 sets the general standard for the right to life in the following words: ‘Everyone has the right to life. and 21. however. liberty and security of person’. however. liberty and property of the citizens’. cannot be derogated from even ‘in time of public emergency threatening the life of the nation’. Arbitrary and Summary Executions. the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (Basic Principles) and the UN Principles on the Effective Prevention and Investigation of Extralegal. No one shall be arbitrarily deprived of his life”. Article 4 of the ICCPR provides for the possibilities of derogations ‘in time of public emergency threatening the life of the nation’. including the United Nations Declaration of Human Rights (UNDHR). are particularly relevant.34 International human rights standards. 40(1982) Annex V. 19(3). GAOR. This right shall be protected by law. See Nigel supra note 11 .36 In the words of the UN Special Rapporteur on Summary or Arbitrary Executions the right to life ‘is the most important 34 35 Benazir Bhutto versus the President of Pakistan (PLD 1998 SC 388) Rodley.35 The Human Rights Committee established to monitor compliance to the ICCPR has described the right as ‘the supreme human right’. protects and preserves life. the UN Code of Conduct for Law Enforcement Officials (Code of Conduct). “Every human being has the inherent right to life. no circumstances are indicated as justifying restrictions on the right not to be arbitrarily deprived of life. The Supreme Court of Pakistan has held that extra-legal executions ‘violate Article 9 of the Constitution which confers.Right to life and Extra-legal killings Article 9 of the Constitution of Pakistan provides that ‘no person shall be deprived of life or liberty save in accordance with law’. International Covenant on Civil and Political Rights (ICCPR). It states. Supplement No. UDHR sets common standards of achievement for all peoples and all nations. 37th Session. Article 6 paragraph 1 of the ICCPR confirms the respect for the right to life as a primary obligation of the state.

Dawn. the European Convention on Human Rights (ECHR). . (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained. Nigel S.nz/stories/WO0901/S00172.. when Ayub considered himself under threat of assassination. (c) in action lawfully taken for the purpose of quelling a riot or insurrection. categorically specifies permitted exceptions to the right not to be deprived of one’s life intentionally. 2nd ed. Hundreds of so-called criminals were rounded up and killed in cold blood during different kinds of encounters. Clarendon Press. E/CN.co. ordered the wholesale arrest and disposal of violent criminals in the Punjab region. Oxford page 178 38 See Rodley. According to the Asian Human Rights Centre (AHRC) extralegal killings was widespread in Pakistan partly due to the fact that police enjoy impunity because of the support they receive from provincial heads. If it is infringed the effects are irreversible…’37 Only one international human rights treaty.”41 37 Summary or Arbitrary Executions. 40 Killing suspects or alleged criminals in police encounters with the blessing from the high offices is not a new practice.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/encounters-270outlaws-killed-in-10-months ((last accessed 28 October 2010) 41 Chaudhry.htm (last accessed 20 October 2010). Muhammad Faisal Ali. the retired general Muhammad Musa.scoop. Nawab of Kalabagh. the new governor of West Pakistan. (Classic: Lahore. The Treatment of Prisoners under International Law. “Encounters: 270 outlaws killed in 10 months”. 1999. “Police officers must be charged” (9 January 2009) at http://www.and basic of human rights. There is a history to such policies as noted by former Inspector General of Police and former Federal Secretary (Interior) M A K Chaudhry in his memoirs: “Before the murder of Kalabagh.38 ECHR excludes from the prohibition against deprivation of life judicial death sentences as well as deaths occurring as a result of the use of force which is not more than absolutely necessary: (a) in defence of any person from unlawful violence. pages 54-55. The IGP proceeded accordingly and fake encounters between police and criminals mushroomed. Malik Amir Muhammad Khan.dawn. M A K. Of All Those Years.39 Reasons for Extra-legal killings A pervasive regime of de facto impunity is the single most important reason for rampant use of extra-legal killings by the police and other state authorities as a means of bringing alleged criminals to justice. Report by the Special Rapporteur UN doc. supra note 5 at page 253 39 Article 2(2) of ECHR 40 Asian Commission for Human Rights. 2006). It is the fountain from which all human rights spring. 22 April 2009: http://www. was Governor of West Pakistan (1960-66) while General Ayub Khan ruled the country.at para.4/1983/16. 22 quoted in Rodley.

The accused were admitted to bail in circumstances. In a recent case titled Muhammad Ramzan versus The State (2010 YLR 1079) the Lahore High Court granted bail to the accused of attempting to commit Qatl-i-amd (section 302) and obstructing public servant in discharge of public functions etc. In several cases persons accused of blasphemy charges under 42 Muhammad Faisal Ali. (section 186).R. Police functionary was stated to be injured by his own colleagues was not medically examined. 22 April 2009: http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/encounters-270outlaws-killed-in-10-months ((last accessed 28 October 2010) . Dawn. A Punjab Police official was quoted to have said in 2009 that the police followed the policy of encounters due to poor conviction rate. The FIR had been registered on a complaint by a Police Officer who had narrated story of encounter with the accused. absence of identification parade and release of arrested criminals on bails by the courts The police official further said that the police were allowed to kill the arrested suspects involved in murdering victims in cases of kidnap for ransom. Such policies persuade citizens to adopt methods of instant justice for settling personal scores’. which made the case one of further inquiry and offence under S. Police officers have also been found to have indulged in such practices to settle personal scores. a high ranking police official disclosed that it was as a result of such policy adopted by the provincial administrations in late 1990s that various criminal minded police officers formed ‘gangs’ with like-minded police officers to extort money alleged criminals and even non-criminals by threatening them of death in encounter. the subordinate staff is emboldened to administer this policy for personal gain/satisfaction. Dispute of property existed between the parties and on account of that dispute a false case was got registered by the complainant Police Officer.324 PPC (Attempt to commit Qatl-iamd/pre-meditated murder) was not attracted. 42 Once encounter killings are accepted as a legitimate means of dealing with hardened criminals. It was held by the court that though ample use of exchange of firearms was shown in the F. In an interview for this study. Lynching of two young brothers at the hands of a mob in August 2010 with the acquiescence of the police is such an incident which received national and international attention after it was recorded on a mobile phone camera and posted on YouTube. “Encounters: 270 outlaws killed in 10 months”. One such group of police officials was later found to have committed offences of kidnapping for ransom. lack of evidence. but none fro m the Police side got any injury.I. Consequences of encounter killings by law-enforcing personnel are resulting in even graver consequences.Some police officials justify the encounter killing of alleged notorious criminals in view of flaws in the criminal justice system. robbery and attempted robbery.

met his death and whether that death was natural or unnatural and in what circumstances it had come about.”43 Under section 154 of the Code of Criminal Procedure. Anees Mallah. In case the legal heirs/family or any one comes forward with information different from the police version thus making a separate independent case. Investigation of extra-legal killings The SC while delving on the subject of extra-judicial killings in Benazir Bhutto versus The President of Pakistan declared that the state was responsible “to explain as to how that person. This is called First Information Report (FIR). His face was later mutilated and his head cut off.Section 295C of PPC (liable to death sentence. All incidents of police encounters. On 3 April 2009. Following the FIR necessary investigation must be carried out for submission of report under section 173 of CrPC. In practice what happens is that cases are registered as per the version of the police party which is involved in the encounter killing under sections 186 (provides punishment for obstructing public servant in discharge of public functions). who was in their custody. Several such incidents have been recorded by HRCP. and fine) have been killed. 1898 (CrPC) the officer in-charge of concerned police station is bound to register a case based on all the information relating to the commission of a cognizable offence. or life imprisonment. it must be recorded in a separate/independent FIR. supra note 3 . must therefore be registered in the form of an FIR that would then be followed up by a fair and independent inquiry. a prisoner. Each encounter death is supposed to be probed by a judicial authority. genuine or fake. In many cases no judicial probe is ordered and where it is somehow ordered the proceedings are a travesty of the due process. This does not happen. Mallah had been transferred from the Mirpurkhas prison on the day of his murder. Another reason that extra-legal killings in police encounters have continued year after year is that there is no functioning accountability mechanism to check this conduct. and tortured before being shot dead. The police could not recover the firearm used to shoot him dead. who was accused of blasphemy was attacked by a mob of around 200 prisoners in the Sanghar prison. section 353 (provides punishment for Assault or use of criminal force to deter public servant from discharge of his duty) read with sections 100 (enumerates the occasions when the right of private 43 Benazir Bhutto versus the President of Pakistan. Custodial killings are to be explained satisfactorily as is required under the law.

section 34 (provides for acts done by several persons in furtherance of common intention). 154 of CrPC records such information and enumerates certain provisions of Pakistan Penal Code. In the return of fire by the police officers. the death(s) occurred. On receipt of information the officer in-charge of the police station. No attempt whatsoever is made to ascertain if the police officers that fired the bullets resulting in the killings. if ever. All the enumerated provisions of the substantive law implicate the alleged criminal conduct of private individuals killed in the encounter. Under the criminal law. in view of the death of accused. Wherever Sec. As the police party was approaching the criminals. the leader of the police party engaged in the encounter furnishes information to the Police Station about the encounter and the persons that died. This provision authorises the police to use . The practice in Punjab. as perhaps is the case in other areas as well. In most of the cases a uniform feature is that police officials convey initial information to the jurisdictional Police Station.defence of the body extends to causing death). the cases are closed as having abated. This information is recorded in the Police Station describing the persons killed by the bullets fired by the police as accused and FIRs are drawn up accordingly. in purported compliance with the provisions of Sec. the explanation may be that a police party was carrying the criminal(s) to the site of the crime in order to retrieve the instrument of crime commission when other members of the gang attacked the police. were justified in law for having done so. The scheme of criminal law prescribes that it would not be an offence if the death were caused in the exercise of the right of private defence. they fired upon the police party. guilty of the offence of attempt to murder under Section 302 PPC. is the criminal conduct of member(s) of the police party mentioned. the police have not been conferred any right to take away the life of any person. which was in self-defence. under which the police officer can justify the causing of death of another person. 1860 (PPC). Another provision.” Alternatively. Without any more investigation. therefore. Rarely. The stand taken by the police in all such cases is that the deceased persons on sighting the police opened fire at them with a view to killing them and were. is that when an encounter death takes place. Firing in self-defence by the police officers caused the death(s). is Section 46 of the Criminal Procedure Code. The police justify their firing and killing as done in exercise of their right of self-defence. 100 PPC is enumerated in the First Information Report (FIR) it is a reflection of the plea of self-defence claimed by the police party. The information conveyed is usually limited to standard summaries such as the following: “Reliable information was received as to a meeting of criminals/gangsters and a posse of police officers was deputed to the location to apprehend members of the group [or an individual].

Earlier. The IO had resisted investigation along the lines of suspicion of murder under section 302 PPC despite the fact that the medical reports and evidence of four witnesses placed in the first charge-sheet were enough to prosecute the accused under Section 302 of the PPC. they face serious obstacles in getting justice. even in cases of death in police custody as illustrated by the example cited in the box below. The Magistrate then transferred the case to the court of district and sessions judge for trial. A judicial magistrate in September 2009 on the recommendations of the district attorney directed the investigating officer to insert Section 302 (punishment for qatl-i-amd i. or upon his own knowledge or suspicion. most judicial magistrates dispose off such petitions in a mechanical manner upon receiving the report from an Investigating Officer (IO) belonging to the police. the only remaining option is to approach a court of magistrate under section 190 of CrPC which provides that magistrates so empowered may take cognizance of any offence upon information received from any person other than a police officer.e. extending up to the causing of death. or in proper exercise of the power of arrest under Section 46 of the CrPC. . It is. Any attempt to record counter version of the family or friends is resisted by the police. However. as may be necessary to arrest the person accused of an offence punishable with death or imprisonment for life. even in cases where relatives of victims who have been extra-legally killed take such extraordinary recourse to legal action. clear that when death is caused in an encounter. would be guilty of the offence of culpable homicide. therefore. Whether the causing of death in the encounter in a particular case was justified as falling under any one of the two conditions can only be ascertained by proper investigation and not otherwise. Even the new public prosecutor had expressed the opinion of prosecuting the police officers. that such offence has been committed which he may try or send to the Court of Session for trial. the IO had filed a report (under section 173 of CrPC) inserting Sections 337-K (punishment for causing hurt to extort a confession or to compel restoration of property) and 316 (punishment for qatl shibh-i-amd: liable to Diyat or blood money with maximum imprisonment of fourteen years under Ta’azir) of the PPC. For instance. and if it is not justified as having been caused in exercise of the legitimate right of private defence. the police officer causing the death. Thus.force. premeditated murder liable to death sentence as Qisas/fine or life imprisonment as Ta’azir) instead of Section 316 (punishment for qatl shibh-i-amd) of the Pakistan Penal Code against five police officials in a case pertaining to the death of a young man in police custody.

The police in some instances later try to give such deaths the colour of encounter deaths.dawn. use torture that sometimes leads to death of the person in custody. 4 September 2009. Dawn. The then public prosecutor had also recommended for cancellation of the case against the officers. who died at the Shara-e-Faisal police station on 4 Nov 2008 during the investigation of a murder case. State Obligation to investigate and punish 44 Ishaq Tanoli.Another judicial magistrate had earlier exonerated all policemen in the case by declaring the police report filed against them as Class ‘C’ (cancel) in March 2009 since the IO of the case had deleted Section 302 of the PPC from the charge-sheet and placed Section 337-K (punishment for causing hurt to extort confession. the counsel for the complainant (brother of the deceased victim) filed an application in the court in Aug 2009 in which he stated that Chief Justice Iftikhar Mohammad Chaudhry had taken notice of the impugned order passed by a judicial magistrate acquitting all policemen in the case and had ordered the police to file a report/charge-sheet under Section 302 against them.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/metropolitan/04-policemenface-murder-charge-custodial-death-case-qs-02 . The police while holding the alleged accused or persons on mere suspicion. Krishan Chand.44 Sections 60 (arrest without warrant) and 81 (arrest with warrant) of the CrPC read with Article 10(2) of the Constitution of Pakistan require that every person arrested and detained shall be produced before a magistrate no later than a period of twenty four hours of arrest. It is the magistrate who then has to assess the necessity for remand in police custody. Policemen face murder charge in custodial death case: http://news. A case (FIR 915/08) was registered against the policemen at the Shara-e-Faisal Police Station in Karachi on the complaint of the deceased victim’s brother under Sections 302 (murder) and 34 (acting with common intention) of the Pakistan Penal Code. The accused policemen were allegedly involved in the custodial killing of a young man. This requirement of 24 hour is frequently ignored by the law enforcement agencies. or to compel restoration of property) against the accused police officers. However.

lodged by the Police Inspector.R. while the police claimed that he had died in a genuine police encounter. The parties were at variance regarding the place of occurrence of the incident. The Petitioner claimed that his brother had been killed in an illusory police encounter. the concerned magistrate may also initiate inquiry of extra-legal killings under section 176 (read with section 174) of CrPC that provides: (1) When any person dies while in the custody of the police. An habeas corpus petition filed by the Petitioner thereafter had apparently supported his plea that his brother had been murdered in a fake police encounter. any Magistrate so empowered may hold an inquiry into the cause of death either instead of.Constitution of Pakistan makes the state responsible to protect the citizens’ right to life. Station House Officer (2010 MLD 128) the Lahore High Court has held that the SHO had committed an illegality in not registering a second FIR as the case prima facie had two versions. and if he does so. In refusing to do so the SHO had committed an illegality.I. The SHO was accordingly directed to register a case on the written application of the petitioner.000 for his release. The Petitioner had sought registration of an independent F. Grievance of petitioner was that his brother was picked up from his house by the police in the presence of witnesses and kept in captivity at the Police Station. the nearest Magistrate empowered to hold inquests shall. the investigation held by the police-officer. or in addition to.I. on the basis of the facts entirely different from the facts narrated in the F. Duty of the Judicial Magistrates In cases where the police do not act on their own. In a recent case titled Muhammad Asif versus Umer Farooq Khan. and in any other case mentioned in Section 174.R. Registration of a second FIR regarding the same occurrence was not barred under the law. Subsequently. . (b) and (c) of sub-section (1). clauses (a). he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. 200. if a distinct and separate cognizable offence was disclosed and it was not a mere amplification of the first version. the police demanded Rs. The concerned Station House Officer (SHO) was under a statutory duty to register the case on the basis of an entirely different version.

or has died under circumstances raising a reasonable suspicion that some other person has committed an offence. The observation gets support from the case law and news reports referred to in this paper. Arbitrary and Summary Executions adopted in 1989 make recommendations on how to make the protection of the right to life possible. 1989/65 24 May 1989 at para. or by an animal. or with the consent or acquiescence of such person. excessive or illegal use of force by a public official or other person acting in an official capacity or by a person acting at the instigation.45 Pakistan is a party to ICCPR46 that makes it obligatory upon the state to ensure that no one is arbitrarily and extra-legally deprived of their life (Article 6). and situations in which deaths occur in custody. or by an accident. but not limited to. It then follows that violations of the right to life are necessarily investigated and that perpetrators are brought to justice. or by machinery. situations of internal armed conflict. Magistrates mostly wait for the police to come up with report and they accept the police version. they are relevant in determining the scope of what constitutes unlawful deprivations of life. supra note 5 at page. None of the reservations made by Pakistan 47 Principles on the Effective Prevention and Investigation of Extra-Legal. The United Nations Principles on the Effective Prevention and Investigation of ExtraLegal. arbitrary and summary executions and shall ensure that any such executions are 45 This observation was made by a lawyer specializing in criminal litigation in an interview with the writer. Ecosoc Resolution. it has been observed that most magistrates feel powerless before the police and conclude cases in a mechanical manner. 2010. [emphasis added] However.org/english/law/executions. all state parties must ensure that the right to life is protected. This assertion is supported from the cases and incidents cited herein.ohchr.htm 48 Rodley.48 The Principles recommend that “Governments shall prohibit by law all extra-legal. Arbitrary and Summary Executions. Section 174 of CrPC enumerates instances where an officer in-charge of a police station (Station House Officer or SHO) is under obligation to intimate the nearest magistrate of any information received that a person— • • has been killed by another. Consequently. summary and arbitrary executions shall “not be carried out under any circumstances including. .The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any of the manners hereinafter prescribed according to the circumstances of the case. 1: http://www2.”47 Although the Principles are not legally binding. 46 Pakistan ratified International Covenant on Civil and Political Rights in June. The Principles prescribe that extrajudicial.

It was also reported that the police officers on the other hand were not injured in the incident. Niaz Ahmed Khoso. prompt and impartial investigation of all suspected cases of extra-legal. opened fire 49 50 Para 1 of the Principles supra note 47 Principle 9 of the UN Principles on the Effective Prevention and Investigation of Extra-Legal. and are punishable by appropriate penalties which take into account the seriousness of such offences”. including cases where complaints by relatives or other reliable reports suggest unnatural death…”.”50 The result of such inquiry should promptly be made public and the alleged perpetrators be brought to justice. The police officers in Sindh province. three of the four victims were hit with four projectiles each. whose car they had intercepted. manner and time of death. The incident occurred on the intervening night of 30 and 31 December 2008. conducted by the Superintendent of Police (Investigation). arbitrary and summary executions. The enquiry. the officers involved had fired several shots at close range at the traders resulting in their death. concluded that "there was no mala fide intent on part of the police party". The officers attached to the Anti Car Lifting Cell (ACLC) responsible for the incident had claimed that the deceased. Mr. collection and analysis of all physical and documentary evidence and statements from witnesses.recognized as offences under their criminal laws. According to the medico-legal report prepared at the Jinnah Postgraduate Hospital. Governments shall maintain investigative offices and procedures to undertake such inquiries.51 Disproportionate use of force by the police In another case an inquiry into the murder of four traders in Bahadurabad area of Karachi (Sindh) province revealed “criminal negligence” on the part of the police officers. It was earlier reported that in the incident that led to the murder of the four traders. According to ACHR it appeared that the enquiry report was an attempt to cover-up of the atrocities committed by the Sindh police. The report however stated that the police exceeded the power of self defense permitted in the law. while the fourth victim was hit three times. enjoy impunity because of the support they receive from provincial heads. which the police had claimed as an incident of 'encounter killing'. It shall include an adequate autopsy. Arbitrary and Summary Executions 51 ibid . though the police had claimed that they were acting in self. The purpose of the investigation shall be to determine the cause. the person responsible and any pattern or practice which may have brought about the death. “There shall be thorough. 49 The Principles further recommend that.defense. like their counterparts in other provinces.

The enquiry report has apparently failed to consider whether there is any evidence to substantiate the excuse of self-defense by the police officers.52 It can be seen from the available data and cases referred to above that in many instances the police target alleged criminals or suspects with the clear intention of killing. Recommendations: 52 Asian Commission for Human Rights report supra note 40 . there will be situations when the police may indeed have to act in self-defence. to be registered against the police officers involved in the incident. This claim of self-defence appeared to have been accepted in the enquiry report. The enquiry report recommended that a case of criminal negligence. instead of a charge of murder. As mentioned before that the Principles are not legally binding. The recommendation and the dilution of charges will only result in providing impunity to the police officers. There is no legal provision in criminal law which expressly prohibited disproportionate lethal use of arms.at the police officers resulting in the shootout. It is therefore required that the afore-referred principles be incorporated in the criminal procedure and excessive and disproportionate use of force per se is made punishable under the substantive criminal law. However. The concept of proportionate use of arms is almost alien to the police and other security forces in Pakistan especially in situations where they have to genuinely encounter armed men. intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life. Principle 9 of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials recommends: "Law enforcement officials shall not use firearms against persons except in selfdefence or in defence of others against the imminent threat of death or serious injury… and only when less extreme means are insufficient to achieve these objectives… In any event. the other ACLC officers who were members of the police party were in plain clothes when they allegedly intercepted the vehicle." [emphasis added] The need to follow the principle cannot over-stated. The question however remained whether the police were allowed to use fatal force and that whether such use of unwarranted force was justified. In such cases the police have to act responsibly. The report however had ignored a vital fact that except for two officers.

. Training: The police should be better trained and educated in humane investigative techniques and in human rights protection. including exercise of the right of private defence. HRCP calls on the Government of Pakistan to implement the preventive measures recommended by the Principles for the Effective Prevention and Investigation of ExtraLegal. Existing legal safeguards should be fully and meticulously adhered to. Arbitrary and Summary Executions. can only be conclusively determined during a fair and impartial investigation. the legal safeguards need to be strengthened and brought in line with international standards against extrajudicial executions. The existence of the circumstances coming within the exceptions should be determined only in appropriate judicial proceedings. the exemption from punishment is one of the main contributing factors to the continuing pattern of extra-legal killings. It is therefore recommended: Register an FIR: Where a police officer causes the death of a person. a self-perpetuating cycle of violence is set in motion resulting in continuing violations. The information relating to such circumstances requires to be registered as a First Information Report obligating investigation in accordance with the procedure prescribed by the Code of Criminal Procedure. Further. In case of armed conflicts: A parliamentary committee should surprise the military operations in the Khyber Pakhtunkhwa and the tribal areas in order to look into the complaints of extra-legal killings against the security forces and their collaborators (2009). Investigate: The existence of circumstances bringing a case within any of the exceptions in the Pakistan Penal Code. By bringing criminal charges against perpetrators of right to life violations the government will send a clear message that such violations will not be tolerated and that those found responsible will be held accountable. there is commission of a cognizable offence (including in an appropriate case the offence of culpable homicide). acting or purporting to act in discharge of official duties or in self-defence as the case may be.HRCP understands that the phenomenon of impunity i. 1860. When investigations into such violations are not pursued and the perpetrators are not held to account.e. The final report submitted by the police to the Magistrate on completion of the investigation should not be considered conclusive and such cases should not be disposed of in class ‘C’ as cancelled.

When the police officer in charge of a Police Station receives information about the deaths in an encounter between the Police party and others. Indian National Human Rights Commission Guidelines “A. and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. HRCP further calls on the government to ensure that all law enforcement personnel are clearly instructed to act in accordance with international standards contained in the Code of Conduct for Law Enforcement Officials. adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders in September 1990.HRCP calls upon the government to initiate a full. independent and impartial inquiry into every instance of such killings brought to its attention in order to establish the circumstances in which it occurred and whether any of them were the result of unlawful and unnecessary use of lethal force by the security forces. he shall enter that information . The terms of reference and findings of such an inquiry should be made public at the earliest opportunity and any member of the security forces alleged to be responsible for the killing should be brought to justice. These principles stipulate that lethal force may not be used except in genuine life-threatening circumstances and only as a last resort. adopted by the UN General Assembly in 17 December 1979.

D. As the police officers belonging to the same Police Station are the members of the encounter party. such as State CID.in the appropriate register. if any.” (source: . C. B. The information as received shall be regarded as sufficient to suspect the commission of a cognizable offence and immediate steps should be taken to investigate the facts and circumstances leading to the death to ascertain what. offence was committed and by whom. it is appropriate that the cases are made over for investigation to some other independent investigation agency. Question of granting of compensation to the dependents of the deceased may be considered in cases ending in conviction. if police officers are prosecuted on the basis of the results of the investigation.

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