"State Protecting Its Police Officers": Supreme Court Imposes ₹7 Lakh Costs On UP Govt In A 19 Year Old Encounter Killing Case

Imposing interim costs of ₹7 lakh on the State of Uttar Pradesh in an encounter killing case that took place over 19 years ago (in the year 2002), the Supreme Court today rebuked the State for its lackadaisical approach to book accused police officers.

Calling it a 'serious case', the Bench of Justice Vineet Saran and Justice Aniruddha Bose took note of the 'laxity' with which State proceeded in the instant case.

"This is a very serious case where the petitioner, who is father of the deceased is running from pillar to post to ensure that the justice is given to him in a case which was registered against the accused, who were all police officers. The incident is of 2002 and since then the matter has been pending," the Court remarked.

In this matter, a closure report was filed by the police, only to be rejected by the Trial Court way back in January 2005 by a detailed reasoned order. As per Case records, the accuse-police personnel were not even arrested for the next nine months even though there was no stay of the proceedings.

Importantly, even after the High Court dismissed the writ petition and also the petition under Section 482 Cr.P.C. filed by the co-accused in the year 2017, the accused persons were not arrested.

In the year 2018, Trial Court had directed the respondent/State to stop the payment of the salary of the accused persons but even this order was not complied with, except in the case of one accused.

The order of stopping the salary of the accused was again passed in April 2019, which according to the petitioner has yet not been complied with. It was also apprised to the Court that the accused who is currently absconding retired from service in the year 2019 and he was paid all his retiral dues even though there was an order for stopping payment of salary.

"(It) speaks volumes of how State machinery is defending or protecting its own police officers," the Court added.

Ultimately, after notices were issued by the Supreme Court in the instant writ petition in September 2021, the State machinery geared up in action and arrested two of the accused persons after 19 years and one accused has surrendered. As regards fourth accused, it was stated that he is still absconding.

The Court further noted that due to the manner in which the State proceeded with th case, the petitioner had been compelled to file the writ petition under Article 32 of the Constitution of India.

"Normally, we are slow in entertaining petitions directly filed in this Court but in the extraordinary circumstances of this case, we have entertained this petition to ensure that justice be given to the petitioner, which has been denied for about two decades," the Court importantly noted.

Lastly, listing the matter for October 20, the Court, in view the totality of the circumstances and the sufferings which the petitioner has undergone, directed that the State of Uttar Pradesh to deposit a sum of Rs.7 lakhs with the Registry of the Court towards interim costs within one week.

On such deposit being made, the petitioner, who is the father of the deceased, would be entitled to withdraw the same, the Court concluded.

Case title - Yash Pal Singh v. State of Uttar Pradesh and Ors.

Click Here To Download Order

Read Order