PRAYAGRAJ, Jan. 31 -- The Allahabad high court on Friday came down heavily on the Uttar Pradesh Police over frequent cases of shooting the accused in their legs. "Such act is not permissible in the eyes of law as the power of punishment to the accused is within the domain of judiciary and not in the domain of police. India is a democratic country. It has to be run as per the ethos and directions of the Constitution of India which clearly distinguishes the role of legislature, executive and judiciary," observed a bench of Justice Arun Kumar Singh Deshwal. "In the garb of appreciation or for other extraneous purposes, police officers cannot be allowed to take the function of judiciary to punish a criminal by unnecessary firing and causing injuries even on non-vital part," added Justice Deshwal while granting bail to one Raju alias Rajkumar, an accused, who was shot in the leg but the mandate of the Apex court in People's Union for Civil Liberties (PUCL) case was not followed. As per direction of the court dated January 28, Sanjay Prasad, additional chief secretary, home, UP, and Rajeev Krishna, DGP, Uttar Pradesh, appeared before the high court on Friday through videoconferencing. Both of them submitted that DGP circulars dated August 1, 2017 as well as October 11, 2024 were issued to comply with the direction of the Apex court in the PUCL case and another vs State of Maharashtra; (2014) 10 SCC 635 regarding police encounter wherein death or grievous injuries occurred. However, not satisfied with their answers, Justice Deshwal issued guidelines to the police authorities keeping in view the judgment of the Apex court in PUCL and another vs State of Maharashtra, (2014) 10 SCC 635. The court directed if in pursuance to any information, police party reached the spot and encounter takes place wherein firearm is used by the police party and as a result accused or any other person received grievous injury, an FIR to that effect shall be registered by the head of the police party involved in the police encounter in the same police station or adjoining police station. However, investigation of the said FIR shall be conducted by CB-CID or police team of any other police station under the supervision of senior police officer at least one level above the head of the police party engaged in the police encounter, it added. The court directed that the injured criminal/victim should be provided medical aid and their injury should be examined and thereafter their statement should be recorded either by the magistrate or the medical officer with the certificate of fitness of the injured. "After complete investigation into the incident of police encounter, report should be sent to the competent court who will follow the procedure as mentioned in the judgement given by the Apex Court in PUCL's case", the court said. "Out of turn promotion or gallantry award shall not be given to the officer of the police party soon after occurrence of police encounter. It must be ensured that such rewards are given or recommended only when gallantry reward of person is established beyond doubt by a committee constituted by the police head," the court added. The court directed if the family of the injured in a police encounter finds that the above procedure has not been followed, they may make a complaint to the sessions judge having territorial jurisdiction over the place of incident of police encounter. Upon receiving the said complaint, the concerned sessions judge shall look into the merit of the complaint and redress the grievance raised therein. The court directed that in view of above discussion as well as assurance of the DGP, this court further directs that in case it is found that any police officer in any district has not followed above mentioned guidelines of the Apex Court laid down in PUCL cases regarding police encounters, they would be liable for contempt of court apart from disciplinary proceedings. "As the Apex Court has already observed in its guidelines in PUCL's case that, if any person is aggrieved by non-action regarding death or grievous injuries in police encounter, then he can file an application before the Sessions Judge. Therefore, Sessions Judge may take action on complaint and in appropriate cases may refer the matter to the High Court for initiation of contempt proceedings against District Police Chief where flagrant violation has been reported regarding the aforesaid guidelines of PUCL's case for police encounter," the court instructed....