The home ministry has asked the Supreme Court to set aside an Andhra Pradesh High Court judgment making it mandatory for a criminal case to be filed against the police every time they kill an alleged terrorist or a Maoist guerrilla in a gunfight.
In its affidavit filed in the Supreme Court, the home ministry said if criminal cases were to be registered against police personnel every time a cop kills a Maoist in a gunbattle, “the very existence of India as a state will become untenable”.
Besides, if this principle of mandatory criminal cases were to be accepted, the 26/11 terrorist Ajmal Kasab would have had the right to file a case against the National Security Guard commandos who would have had to defend their action in their private capacities.
The home ministry affidavit said an attempt to murder case was registered after every gunfight against the private party that engages with security forces. If the trial court finds any evidence against the police, the courts can order cases to be registered against the police, it said, calling the petition by the Andhra civil rights group as an attempt to “demonise the State”.