Surge in Police Encounters in UP: Allahabad High Court Seeks Compliance with PUCL Guidelines

Allahabad | lentis legalis team

The Allahabad High Court has expressed serious concern over the increasing number of police encounters resulting in serious injuries to accused persons. The court observed that police firing, particularly shooting suspects in the legs “has become a common occurrence” and constitutes a misuse of  power that cannot be permitted.

These remarks were made while granting bail to an accused named Raju @ Rajkumar, who had sustained serious injuries in a police encounter and was seeking bail in a case registered under Sections 305(a), 331(4), and 317(2) of the Bharatiya Nyaya Sanhita (BNS).

Non-Compliance with Supreme Court Guidelines

Upon examining the FIR and related records, the court found that although an FIR related to the police encounter was eventually registered, the mandatory safeguards laid down by the Supreme Court in the People’s Union for Civil Liberties (PUCL) vs. State of Maharashtra (2014) case were not followed.

Specifically, The injured accused’s statement was neither recorded before a magistrate nor by a medical officer. The investigation was initially assigned to a sub-inspector, whereas the Supreme Court mandates that encounters be investigated by an officer of a rank senior to the head of the police party involved or by an independent agency like the CBCID. Justice Arun Kumar Singh Deshwal stated that such omissions violate binding constitutional law under Article 141, rendering the police action legally flawed.

Court Summons Top State Officials

Taking cognizance of the repeated non-compliance, the High Court directed the Additional Chief Secretary (Home), Uttar Pradesh, and the Director General of Police (DGP), Uttar Pradesh, to appear before it via video conferencing.

Both senior officials acknowledged that despite repeated circulars issued in 2017 and 2024, many police officers were disregarding the Supreme Court’s directives. He assured the court that new guidelines would be issued and strict disciplinary action would be taken against the erring officers. Strong warning against ‘punitive’ encounters

The court strongly condemned the practice of police firing on accused persons under the guise of encounters, stating:

“The power to punish rests exclusively with the courts, not the police. India is a democratic state governed by the rule of law, and such conduct cannot be tolerated.”

The court also noted that in the cases before it, no police officer had sustained any injuries, raising serious doubts about the necessity and proportionality of the use of firearms.

Contempt proceedings for future violations

In a significant warning, the High Court stated that District Police Chiefs (SP/SSP/Commissionerate Police) would be liable for contempt of court, in addition to departmental action, if the Supreme Court guidelines are violated in encounter cases resulting in death or serious injury.

Session Judges have also been empowered to consider complaints regarding non-compliance and, where necessary, refer cases to the High Court for contempt proceedings.

Bail granted keeping in mind constitutional mandate

While granting bail to the applicant, the court took into consideration the Non-compliance with PUCL guidelines, the fact that the applicant’s name was not initially in the FIR, filing of the charge sheet, long period of incarceration since August 2025, and Overcrowding in prisons and pendency of criminal trials. The applicant was released on bail subject to strict conditions to ensure cooperation in the trial and non-interference with evidence.

Reaffirmation of human rights and the rule of law

Reiterating India’s constitutional and international obligations under Article 21, the Universal Declaration of Human Rights, and the UN norms on law enforcement, the court emphasized that human dignity cannot be sacrificed at the altar of expediency or publicity. This decision confirms that the PUCL guidelines are the law of the land and must be strictly followed in every case of a police encounter resulting in death or serious injury.