CHAITANYA KALBAGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are three writ petitions invoking the jurisdiction of this Court under Article 32 of the Constitution in respect of the death of various people during what has been described by the police as "encounters".

(2.) Writ Petition No. 55 of 1982 relates to "encounters" said to have taken place during the year 1981. The massacre of 24 Harijans in Dehuli in the district of Mainpuri in the State of Uttar Pradesh led the then Chief Minister of Uttar Pradesh to determine upon eradicating the menace from dacoits in the State, and during the man-hunt which followed, a number of persons, alleged to be dacoits, were killed by the 'police in various. "encounters". An investigation conducted by the first petitioner, Chaitanya Kalbagh, has been made the basis of this petition, and it is alleged that among the persons killed by the police during such "encounters" there were as many as 299 innocent persons. It is prayed that an impartial agency should be appointed to investigate into the deaths, with authority to prosecute the Police Officers and personnel found guilty of murder and other offences under the Indian Penal Code.

(3.) Writ Petition No. 62 of 1982 has been filed by Professor Rajni Kothari, and complains of the killing of a number of people by the police during "encounters" in the State as Tamil Nadu, in particular in the District of Thirumayam and North Arcot, most of them being young activists engaged in the cause of rural development specially of Harijans and other landless labourers. The "encounters" are said to have taken place during the years 1980 and 1981.