In West Bengal and beyond, kill the encounter — it undermines the rule of law
Indian Express - Opinion · Published 11 November 2026 · Last updated
The routine resort to police encounters across various states undermines constitutional due process and institutional credibility, substituting the rule of law with a culture of retribution.
Key points
- A man accused of raping and murdering a minor girl in West Bengal's Uttar Dinajpur district was killed in a police encounter on November 11, 2026.
- The Raiganj incident marks the fourth reported police encounter death in West Bengal since the Bharatiya Janata Party assumed power in May 2026.
- West Bengal Chief Minister Suvendu Adhikari publicly defended the police action, asserting that personnel are entitled to retaliate in self-defence and granting a free hand in sexual violence cases.
- In Andhra Pradesh's Anantapur, a 21-year-old accused of attacking a schoolgirl with a chainsaw was shot by police earlier in the month, resulting in the amputation of his leg.
- Official statistics for Uttar Pradesh recorded 17,043 police encounter operations between March 2017 and May 2026.
- An investigation revealed that the Punjab Police reported 34 encounters between November 2025 and January 2026, averaging more than one every three days.
Background
- The Supreme Court in its 2014 judgment in People's Union for Civil Liberties v. State of Maharashtra laid down mandatory safeguards for investigating police encounters resulting in death.
- The 2014 Supreme Court directives mandated the registration of a First Information Report, an independent investigation, and a magisterial inquiry.
- In May 2025, in Arif Md Yeasin Jwadder v. State of Assam, the Supreme Court reaffirmed that these encounter investigation safeguards are binding and cannot be made contingent on victim-initiated proceedings.
- The 2019 Hyderabad rape-murder case saw four accused killed in an alleged encounter, establishing an earlier precedent of public approval for retributive police action.
Prelims facts and Mains angle for this issue are in the full SWAदेSH note.
Original report: Indian Express - Opinion