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Encounter

(Querist) 21 April 2012 This query is : Resolved 
dear experts,

if any judgment has issued by SC, that encounter is not illegal and the SC has encouraged for Encounter, if any pls provide me citation or judgment, because i want file PIL for encounter.

Thanks
PARTHA P BORBORA (Expert) 21 April 2012
I m against ur view. All encounters are not fake. Sometimes it is necessary to protect the interest of our nation. But there should be some strict law to prevent the fake encounters.
Shonee Kapoor (Expert) 21 April 2012
What is an encounter?
It is two people fighting which a person faces in an unexpected way.

Encounter is not illegal per se, as there can be some situations where one would need to retaliate.

Only Fake Encounter is illegal.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Dr V. Nageswara Rao (Expert) 22 April 2012
1. Under S. 46 (3) the police has the power to kill any person in the process of effecting arrest if the accused is charged with a crime which is punishable by death or life imprisonment and is evading arrest.
2. It has become a fashion for the so-called "civil society" activists to call every encounter as fake and file PILs.
3. Democratic societies cannot tolerate criminal elements--terrorists, mafia or extremists--to use democratic istitutions to subvert them from within. Law enforcemeny authorities and Courts have to be tough with such elements.
4. The criminal elements have no resepct for human life and they kill indiscriminately. Do they deserve any mercy?


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