CPSD - Commentary

Extra Judicial Killings: Balance between Security and Justice


Hours after a three-member probe committee tasked with probing the killing of Naqeebullah Mehsood in a police encounter submitted its report to the Sindh IGP, SSP Malir Rao was removed from his post. The Sindh government has issued notification for the removal of Anwar, giving the charge of Malir SSP to Adeel Chandio.

According to Media sources, the government has also put the officer on the Exit Control List (ECL). The people on the ECL are prohibited from leaving the country. The committee submitted its initial report to IG Sindh last night, declaring the deceased innocent, the TV channel reported citing unnamed sources.

The probe committee, headed by Counter Terrorism Department (CTD) Additional IG Sanaullah Abbasi, has termed SSP Rao Anwar’s allegations against Naqeebullah baseless, adding that no such evidence has been found that the deceased had affiliation with any terrorist group or proscribed outfit.

It is learnt that the committee in its report has also recommended registering a case against SSP Malir Rao Anwar and other security personnel involved in extra judicial killing of Naqeebullah that sparked countrywide protests. The committee has also suggested that the name of "encounter specialist" Rao Anwar should be placed on the Exit Control List (ECL).

The move was largely due to public outcry as well as a suo moto by the Chief Justice. Besides a campaign against Anwar on social media, a large number of people, including civil society activists, members of political parties and Pashtun tribal leaders, from various Pashtun neighbourhoods demonstrated against the officer at the press club.

This tragic incident highlights the risk of “encounters” or judicial killings to the life and limb of the common citizen. Such killings make the perpetrator often judge, jury and executioner by violating the rights granted to ordinary citizens of Pakistan. There are many police officers like Rao Anwar who are often heralded as “encounter specialists”. Rao Anwar is a notorious figure known for both extra judicial killing and extortion. It is alleged that Rao committed 45 fake “encounters” last year alone.

Encounters are not a Sindh only phenomenon but is scattered across the length and breadth of the country. Punjab is rather notorious for these encounters as well. At least 226 alleged criminals were killed in 203 “police encounters” during the first 10 months of 2017 across the Punjab province. Last year, the police had killed 292 alleged criminals in 245 armed encounters during the same period.

Supporters of encounters especially in the military wracked city of Karachi cite extra judicial killings as the only way to clean up the city from violent criminals. Inside sources assert that the police in Punjab have set a criterion to eliminate desperate criminals and the scope of police shootings is amended from time to time. Once the provincial hierarchy or the top officers are given go-ahead, those falling in the ‘encounter criteria’ are immediately eliminated.

According to this so-called policy, gangsters found involved in robbery-cum-rape incidents and those who kill the victim even after accepting ransom, are aggressively eliminated. Similarly, the gangster who shoots a policeman or the criminal who kills the victim during house robbery attempt also fall in the same category and deserve to be eliminated in such a fake encounter. The police are also ‘empowered’ to decide the fate of the extortionists at their own.

Supporters assert that the justice system is easily subverted by criminal elements and militants who easily get away scot free. Extra Judicial killings often seem the only way to redress this weakness. However, opponents argue that the formula of fake police encounters badly failed to improve the sense of security among the public. According to them, the extra-judicial killings are not the solution to control rising crime and militancy in both the long and short term.

A stable and effective justice system is needed to both remedy the cause and effects of extra judicial killings which can otherwise become a major part of social injustice and public discontent.