Delhi High Court Orders Mandatory FIRs in Allegedly Fake Encounters

The Delhi High Court mandated the registration of an FIR whenever a person is killed in an allegedly fake police encounter. Justice Neena Bansal Krishna upheld a lower court's order for an FIR in the death of Rakesh during a police raid. The court emphasized the necessity of independent investigations in such cases.

The Delhi High Court has ruled that an FIR must be registered whenever a person is killed in an allegedly fake police encounter. The decision came as Justice Neena Bansal Krishna rejected a state petition against a sessions court order that supported a magistrate's direction for an FIR in the death of Rakesh, who suffered multiple injuries during a police chase.

The court noted Rakesh had five other 'blunt force' injuries in addition to a gunshot wound, questioning if he was beaten before being shot. Highlighting precedent from the Supreme Court on police encounter deaths, the court stressed the importance of independent investigations in a law-governed society to ensure justice.

Maintaining the sessions court's decision, the High Court acknowledged enough evidence to direct an FIR under Section 156(3) Cr.P.C., and dismissed the state's petition. The case dates back to March 2013, involving a police chase of 'dreaded criminal' Manoj, during which occupants of a car allegedly opened fire at police. The deceased, Rakesh, was found with a loaded pistol, leading his father to allege police misconduct.

(With inputs from agencies.)