KULDEEP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner and also learned Standing Counsel.

(2.) THE Petitioner, Kuldeep Singh, fearing and apprehending his fake encounter by the police, after having been allegedly acquitted repeatedly by court of law, has filed this petition with the prayer for a direction to restrain Respondent Nos. 2 to 5, Senior Superintendent of Police, Ghaziabad and others, not to proceed against him unless in accordance with law.

(3.) THE law of the land of this country is informally administered to a Saint and siner. No body is above law and none can take law in his own hand. Articles 21 and 22 of the Constitution of India are two arches in the Constitution which safe -guards the life of a citizen. Nobody can be deprived of his life without following the procedure established by law. Fake encounter runs counter, to the principles laid down under Articles 21 and 22 of the Constitution. A man is not a criminal unless he is tried and charge is proved in accordance with the procedure established by law. In any civilized society there cannot be any exception to the above principles. It can neither be presumed that the police authority would device any encounter to the person by bidding farewell to law. If the police authority follows a path unknown to law, such action can not be condoned or taken lightly and it shall visit such authority with serious legal consequences. Nobody can be stopped by court of law from committing a crime but such crime can be prevented by preventive measures or a criminal can be punished after the charge is proved. In view of the facts narrated above we are leaving the matter here with a sound of caution both to the Petitioner and Respondents to follow the rules of law. It is, however, made clear that the police authorities are free to act in accordance with law.