Extrajudicial Killings in Punjab

Context

1. In November 2025, the Director General of Police (DGP) of Punjab highlighted a reported rise in extrajudicial killings in the State, following which the National Human Rights Commission (NHRC) issued a notice to the Punjab Home Secretary seeking clarification.
2. The absence of a response even after two months has renewed public and institutional attention on the issue as it raises constitutional, legal and ethical concerns relating to Article 21 (Right to Life and Personal Liberty), Rule of law, Separation of powers, Human rights standards and Ethics in public administration.

What is an Extrajudicial Killing?

1. Extrajudicial killing means killing a person without following legal procedure, where:
   1. No court trial is conducted
   2. No judicial order is passed
   3. Due process of law is bypassed
   4. Security forces or their agents directly execute the person
2. These killings are based on retributive justice (eye for an eye), where punishment is delivered outside courts.
3. They go against:
   1. Article 21 – Right to life and procedure established by law
   2. Human rights principles
   3. Reformative justice, which believes criminals should get a chance to reform
4. Such killings are often justified in the name of:
   1. Maintaining law and order
   2. Combating terrorism
   3. Controlling crime
5. But legally and ethically, they amount to state excess.

Why are Extrajudicial Killings Rising?

1. Public Support: Police involved in encounters are often celebrated as heroes. People support encounters due to delay in judicial justice.
2. Retributive Mindset: Belief in doctrine of proportionality – same harm to offender as done to victim.
3. Punitive Deterrence Theory: Certain enforcement approaches assume that fear of severe consequences may reduce crime.
4. Weak Criminal Justice System: Poor forensic infrastructure, Limited investigative technology, High case backlog and Slow trial process incentivize shortcuts like encounters.
5. Lack of Accountability: Delay in investigation of encounter cases and weak disciplinary action mechanisms creates a moral hazard.

The issue has arisen in multiple states over the years, including:

1. Manipur – Supreme Court scrutiny of alleged fake encounters
2. Vikas Dubey encounter (2020)
3. Hyderabad rape case encounter
4. Jhansi encounter (2023)

Judicial observations suggest that such cases point to broader institutional concerns rather than isolated events.

Ethical and Constitutional Concerns

1. Violation of Article 21: No person can be deprived of life without legal procedure.
2. Human Rights Abuse: Denies accused their right to fair trial.
3. Against Professional Ethics of Police: Police are duty-bound to uphold law, not replace courts.
4. Against Virtue Ethics: Encounters damage moral character of institutions and normalize violence.
5. Against Deontological Ethics: Police violate their moral duty to follow rule of law.
6. Against Reformative Justice: Eliminates possibility of rehabilitation.
7. Encourages Mob Lynching: When police bypass law, citizens also start taking law into their hands.

Supreme Court Judgments on Extrajudicial Killings

1. D.K. Basu vs State of West Bengal (1996)
   1. Custodial violence and encounters violate human dignity.
2. Prakash Kadam vs Ramprasad Vishwanath Gupta (2011)
   1. Fake encounters are cold-blooded murders.
   2. Guilty officers deserve death penalty in rarest of rare cases.
3. Om Prakash vs State of Jharkhand (2012)
   1. Extrajudicial killings are illegal.
   2. Equated with state-sponsored terrorism.
4. PUCL vs State of Maharashtra (2014) – Mandatory Guidelines
   1. FIR registration compulsory
   2. Magisterial inquiry mandatory
   3. Written documentation of intelligence inputs
   4. Independent investigation (CBI or equivalent)
   5. Inform NHRC/SHRC immediately
   6. Maintain complete written records

Conclusion

Extrajudicial killings undermine constitutional democracy. Strengthening forensic capacity, enforcing Supreme Court guidelines, ratifying UNCAT, and ensuring police accountability are essential to restore rule of law and prevent India from sliding into encounter-based justice.

FAQs

Q1. What is an extrajudicial killing? 

It is the killing of a person without legal procedure, bypassing trial and judicial order.

Q2. Why are extrajudicial killings considered unconstitutional? 

They violate Article 21 of the Constitution, which guarantees the right to life and due process.

Q3. Why are extrajudicial killings rising? 

Due to public support for encounters, weak criminal justice systems, retributive mindset, and lack of accountability.

Q4. What has the Supreme Court said about extrajudicial killings? 

Judgments like D.K. Basu (1996), Prakash Kadam (2011), and PUCL vs Maharashtra (2014) declared fake encounters illegal and issued strict guidelines.

Q5. What are the ethical concerns associated with extrajudicial killings? 

They undermine rule of law, human rights, police ethics, reformative justice, and can encourage mob violence.