Expressing concern that no guidelines are in place in the country, the apex court said certain procedure needs to followed in such cases to "bring to justice the perpetrators of the crime who take law in their own hands" and "to restore faith of the people in police force".
A bench headed by Chief Justice R M Lodha said cases of death in police encounters continue to occur in spite of Constitutional provisions for safeguarding the personal liberty and life of a citizen and directed that a Magisterial inquiry must invariably be held in all cases of death in police encounter and a report thereof must be sent to Judicial Magistrate.
"An independent investigation into the incident/encounter shall be conducted by the CID or police team of another police station under the supervision of a senior officer (at least a level above the head of the police party engaged in the encounter)," the bench, also including Justice R F Nariman, said adding "In a society governed by rule of law, it is imperative that extra-judicial killings are properly and independently investigated so that justice may be done".
