Published Paper Details:

India being one of the largest democracies in the world has been witnessing an unprecedented failure when it comes to the justice delivery system. The unnecessary delay, harassment of witnesses, lack of protection given to both victim and the witness, politically and socially influenced public officials, custodial violence, unlawful detention, excessive remedies available, more protection and leniency towards the accused and false encounters by police are few factors which prove to be prejudicial to the criminal justice delivery system. The present article will deal mainly about the excessive powers given to the policemen on arrest and extra-judicial killings against which appropriate actions are not taken and which is now becoming a latest trend giving it a label of immediate justice. I will also bring into consideration the loopholes in the judicial system and the media trials which are having the major influential force in jeopardizing actual justice. In a leading case, Justice Markandey Katju described such encounter killings as cold-blooded murders, rather than just calling it as an extra- judicial killing. It is however, very important to consider the opinion as to why such acts are being given attempts to and why is there no procedure to curb such extra- judicial killings, yet. Why is there a blind trust on the functioning of police officer? Why such violations of fundamental rights are not brought under the purview constitution and rather given it a name of the judicial act? Even though there are a number of judicial pronouncements regarding the extra- judicial killings, these questions are still unanswered. Therefore, the object of writing this paper is to give importance to this issue which is being largely ignored. The object is to bring into light the injustice caused by even one false encounter leading to death of an accused whose guilt has not even been proved yet. Every person on this earth has a right to be tried and executed lawfully and this is why the trust on judiciary subsists.