“Justice loses character if it becomes revenge” (with reference to Hyderabad Encounter)

The author of this blog is  Himani Goyal,  B.Com.L.L.B IIIrd Year, Banasthali Vidyapith (Newai, Jaipur, Rajasthan)

Is it really true, justice loses character if it becomes revenge? According to me, Yes as the society has beliefs that somewhere there is existence of justice and only because of this belief the existence of the courts, parliament, Govt., legislative and executive bodies is possible. In their beliefs of justice people knocked down the door of the courts and took their disputed matters with the aim that the judgment will be provided on the basis of justice, equity, and good conscience or on the basis of the principle of natural justice.  It’s only the result that is a very huge amount the no. of cases is filed in the courts in which no. of cases is pending from no. of years but people are still waiting for their case no. only in the faith that on one day they will definitely get justice.

On the other hand, can you imagine a situation, justice loses character if it becomes revenge then what will happen with the society, it will totally destroy the social order. There will no harmony, peace in the society everyone will have the feeling of revenge and the existence of the three pillars i.e. legislative, judiciary, the executive will become meaningless. It may result to increase the no. of crimes as people will create a mindset that even they had not done any offense then also they got punished so well do not commit a crime. That revenge causes a negative impact on society.

The general thinking of the people that if they are cheated by someone then the God in face of police, courts or judges, will punish the actual offender but if the God i.e. police, courts, judges don’t follow the path of justice then what will happen in society?
The same was happening in the Hyderabad. As you all will be well aware about the Hyderabad gang rape and murder in Nov. 2019 of 26 years old doctor as she was first raped by the four offenders and killed the doctor then burn her body. That incident had recalled the horrors night of December16, 2012 (Nirbhaya Kand) who makes everyone’s hair fall.
The all four suspected were arrested on the day after the doctor was killed with the help of CCTV cameras and the victims mobile phone and also all four confessed to having rape and murder on the basis of Cyberabad Metropolitan Police.

The four accused of rape and murder were taken into judicial custody for the period of 14 days in Cherlapally Central Jail. On December 6, 2019, around 6.30p.m the accused were killed in police encounters. According to the police, as part of the investigation, when the accused were taken to the crime scene for the reconstruction of the incident then two of them snatched a gun from the police and attacked the police than for their self-defense they have shot out all the 4 suspects and incidentally all the four were dead the same.
Thousands of the people celebrated this moment that this act of the police provides a fast track justice to the victim which has not been got Nirbhaya yet for 7 years and still her parents are waiting for the death penalty of the offenders.
But really the police action is right? Is it really provide justice to the victim, is this a right way to punish or to give justice to society?

No. of questions was raised in the mind in no. of people after this action of the police officials. Is it right to punish a person whose crime has not been proved in the court or before filing a charge sheet against the suspects? No. of people favor or appreciate the action of the police but still the provisions in the Indian Penal code, Constitution is available equally to all the individuals in the society. So, why the police officials try to take law in your hands.

The acts of the Telangana police were even criticized by the Home Minister, Mr. Amit Shah, and stated that the govt. tries to modify the CrPC and the IPC for the fast track justice.
As there is a doctrine of ultra vires which states that the act done beyond the powers are punishable, In this case also the act of the police was ultra vires, the police duty is to catch the offender and to make some inquiry but he has no right to decide who is the culprit and who will be punished for their actions, according to their own judgment. Police cannot be the judge. As it is the duty of the judge to decide who the actual culprit is and at what extent the culprit will be punished according to the act done by the offender.
The way of punish by police officials was wrong as it violates the principle of natural justice of the suspects as still to their encounter their crime has not been proved then how can you gave the punishment to the person whose crime has not to be proved and who has not been proved guilty, the punishment to the guiltless a person is an injustice to himself. The act of the police officials clearly shows revenge but this is not the way to behave by the protector of the society. Its duty to deal equally to all individuals, without any discrimination and exclusive of the feeling of revenge.
Revenge is a personal feeling which may be generally expected from the victim family, relatives or they are nearby, against the offender in their aggression and angriness. But it will not be expected from the police officials because they have dealt no. of brutal horrors even more than this act on a daily basis then how can be supposed to them behave like this as without thinking and caring.

This article is all about, how justice loses character if it becomes revenge. The author is not totally opposed to the action of the police officials as there are no. of situations where the police officials had to take immediate action for the safety of the society or in self-defense. But in the Telengana case, the statements or the reasons of the police officials is not satisfactorily as for self-defense. The police officials even had no. of other ways rather than to kill they can shoot in the leg to stop them or protect to escape them. The action of officials purely shows the feeling of revenge against the brutal act of suspects.
But if the same (revenge) by police officials will continue then it will destroy the whole administration system and the people will lose faith in the law. And then the people try to become their own judge. It results that people will neither follow nor obey the law, nor will follow to anyone.

I only want to say those police officials have to work for each and every individual without the feeling of revenge and reprisal, with the aim of providing equity, justice, and a good conscience and without violating an individual’s rights.
Well we know that Police is the actual hero who has given his whole life to something bigger than oneself. And I heartedly salute to them!
At last, I conclude the article with the words of CJI-
Chief Justice of India Sharad Arvind Bobde states that:
“I don't think justice can ever be or ought to be instant. And justice must never ever take the form of revenge. I believe justice loses its character of justice if it becomes revenge”[1]