HC: Treat arrest, even without exchange of fire, as encounter

CHANDIGARH: In an order with wider ramifications on recruitment disputes in Punjab, Punjab and Haryana high court has held that apprehending armed militants can also be treated as an "encounter" for purposes of granting reservation benefits to wards of police personnel.

"It is, in fact, an achievement of police officers if they succeed in apprehending militants instead of killing them in an encounter," the court held, observing that successful arrest of armed militants advances the spirit of govt policy.Justice Jagmohan Bansal passed the order on Sept 4 while allowing a petition filed by Sonam Kamboj of Bathinda district, who was considered ineligible for recruitment to the Punjab police under a category reserved for wards of police personnel who have taken part in at least three encounters.In 2021, Punjab police invited applications for several posts, including sub-inspectors and intelligence officers. Kamboj, the daughter of a serving police officer, applied under the quota for wards.However, her claim was rejected by a committee constituted by the Punjab DGP, which concluded that her father had participated in only two encounters, whereas the 1996 policy laid down three. The state argued that one of the FIRs cited by the petitioner could not be treated as an encounter since no exchange of fire took place, even though four militants were arrested.

As per the state, "encounter" means an exchange of gunfire between terrorists and police which results in a casualty.After hearing all the parties, HC held that the 1996 policy is a piece of beneficial legislation and its interpretation by Punjab govt seems to be "pedantic and un-holistic". The court observed that the object of the policy was to encourage as well as protect sincere and brave police officers. The expression "encounter with terrorists" cannot be interpreted in a way that there should be gunfire and casualty."In the instant case, the police party was successful in apprehending four militants with arms and anti-national material. It would be unfair to conclude there was no encounter with terrorists because no casualty took place in the operation," observed the judge. HC directed the govt to grant a police job to the petitioner within six weeks.