Sunday, July 21, 2013

How justified are fake encounters

Should fake encounters be permitted? Are they necessary in the legal and political environment of India?
Top, though tainted, Punjab cop ( KPS Gill ) is said to be in anguish ' Main is namard desh mein kyon paida hua ( Why did I get born in this country of neuter genders)', claiming that some of his brave police officers instrumental in quelling Punjab insurgency were later hounded by the state, for their illegal means to do so.
As an ex army officer with experience in Punjab and other insurgency ridden area, I admit that illegal killings are, at many times, an effective way and sometimes the only way. I also know that Punjab police indulged in unspeakable atrocities on people they suspected to be bad guys. Some of those guys were really bad guys, while others were absolutely innocent.
The question is not about what is the need of the hour. It is one of legitimacy.
The Indian citizenship enjoins, rather orders, us to follow the constitution. Of course, our desire is to kill the man who killed my relative. But, the constitution doesn't permit me to do so. Any police/army person seeking those rights is challenging the whole concept of a state funded force. KPS  was a paid employee of the govt of India, which has only one purpose - to uphold the constitution of India.
Either he accepts the constitution or gets out. Outside the constitution, lot of people use force to settle what they perceive as injustice. They are called dacoits.
Last night, I saw the movie entitled 'Mission Impossible - Ghost protocol'. Lovely movie. In that, a team of American agents were on a clandestine mission in USSR. Some cover was blown and the US president had to invoke the 'Ghost protocol', i.e. he decides that US will hereafter disavow the actions of this team. If the team members are caught, the US will not accept that they are American agents. So, now the decision to go ahead with the plan or not, is left to the team leader. He gets his guys together, explains the situation and says, 'You can opt out, now'. In case they decided to still go ahead, it was on their own free will, not as a compliance to orders.They knew they were uncovered. So did KPS.
In his press report, KPS Gill plays the anguished patriot and thinker - ' Had we lost control over the district, Punjab's secession would have become an inevitability. Had we lost Punjab, Kashmir would certainly have followed. And once this process of fission began, every linguistic, ethnic and cultural group would have raised the standard of revolt. Pakistan would have been celebrating this 50th year of its independence through the realisation of its dream of a balkanised India - '. 
He must be told that he was only the police chief, not the PM of India. Even the PM of India can not take action based on his personal views but has to take the sanction of the cabinet.
Some people do take action on their personal beliefs. Revolutionaries are one of that lot. But they do not draw pay from the govt. When caught, they march up to the gallows singing, 'Vande-Matram' (I salute the mother land) , not 'Hai, main mar gaya' ( Oh, I am killed).
Do not expect the state to finance your personal projects.
In the movie 'A Wednesday', Naseer plays the role of a harried citizen who decides to take action to eliminate some dreaded terrorists. But he doesn't go to the govt with a scheme. He does it on his personal risk.
Here's another case. Adolf Eichmann was the main person in the holocaust against Hungarian Jews under the ( illegal ) orders of Hitler. On December 2, 1961, Eichmann was sentenced to death for crimes against the Jewish people and crimes against humanity. On May 31, 1962, the State of Israel carried out the only death sentence in its history on the man whose only defense was, "I was just following orders." 
So, if you decide to take action on illegal orders due to your sense of patriotism or whatever, outside of the legal sanction, go ahead but do not sound so anguished and righteous when caught. Sing 'Vande Matram' and climb the steps of the gallows.
Will someone please pass this to KPS.


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