Policemen are meant to protect the law and order situation of a state but when the same state actors were involved in such allegedly fake encounters could distrust our faith and in their way of functioning, especially when they committed mindless acts of violence and excesses to the citizens that can result in serious injuries and death.
The raid and attack at the former general secretary of HNLC, CherishterfieldThangkhiew that led to a very unfortunate incident to have him killed at the spot, gave rise to the topic of custodial deaths and numerous doubts on the functioning of our police force. Allegedly, Meghalaya police were known to have resorted to excessive use of force and committed excesses towards the accused during the time of lockdown and this current incident may prove the point to be true.
This shocking incident invites a lot of criticism from many noted personalities, NGOs leaders and the public to condemn this cowardly act of the police personnel. The police in their statement argued that they shot him as they have the right to self-defence in retaliation against the knife attack.
However, the families claim that Thangkhiew was not in good health and he couldn’t possibly move to defend or attack anybody. So the question arises as to how did policemen train when they couldn’t even fight back a lone individual with health ailments? What is his threat level to prioritise the arrest warrant at 3.00 a.m. when he has already surrendered?
All the questions and the doubts must be answered by the minister in charge and this custodial death must be investigated by the judiciary and the concerned police officers must be suspended during the investigation. Because custodial death occurring because of a fake encounter is the biggest concern. If policemen are found guilty, they should be held accountable and responsible for negligence and punished accordingly. Moreover, the minister in charge must resign gracefully. But another question, can punishment reimburses the lost soul?
This act of inhumanity also contradicts the Supreme Court guidelines to secure the right to life of an accused which is an integral part of our constitutional fundamental right. Therefore, only the judiciary can come to the rescue when such gross violation of fundamental rights is carried out by the State actors.
The constitutional courts should take indirect responsibility for such incidents and there must also be a system of checks and balances against the abuse of power by the police forces to prevent such incidents in the future. More importantly, police reform is the need of the hour and the local magistrates must adhere to the guidelines and the judgement that has been passed by the constitutional court.
Once again it is very essential to investigate this custodial death thoroughly and take swift action against the concerned officers if these have occurred as a result of fake encounters.
Nang-oo Sari
Mukhla Nongrim
West Jaintia Hills
