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In Focus by The Hindu
Badlapur encounter—what does the law say?
Sep 25, 2024
Akshay Shinde, at the center of a high-profile rape case, discusses the controversial circumstances surrounding his police encounter that resulted in his death. He delves into the legalities of this incident, challenging the justification of self-defense claims. Senior advocate Mihir Desai weighs in on the constitutional right to life and emphasizes the need for independent investigations into police actions. The conversation also critiques India’s 'encounter culture' and explores the crucial balance between justice and the rule of law, urging for accountability and reform in the system.
24:42
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Quick takeaways
- The discussion emphasizes the importance of Article 21, which protects the right to life and mandates due process for taking life legally.
- Legal experts highlight the urgent need for police accountability and reform to prevent extrajudicial actions, ensuring justice is served properly.
Deep dives
Legal Implications of Extrajudicial Killings
The discussion highlights the fundamental right to life as protected under Article 21 of the Constitution, which mandates that life can only be taken through due process of law. The incident involving the police killing of Akshay Shinde raises serious questions about the procedures followed in such encounters, particularly regarding the legality and justification of self-defense claims. Legal experts express doubts about the police's narrative, suggesting that the ability to snatch a service revolver while in custody and fire it is highly improbable. Consequently, they assert the necessity for a thorough and independent investigation to ensure accountability and adherence to legal standards surrounding custodial deaths.
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Discover
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