After Burhan I am sure somewhere in India some Indian citizen has got killed by some security personnel or other as this happens regularly across the country. According to National Crime Records Bureau statistics on an average there are about 4 custodial deaths by the police alone every day in India!!!! if the paramilitary and military are taken into account this figure will be even higher. This is because there is a culture of impunity for state forces and they frequently take liberty with the law. In practical terms there will be some extra judicial killings because of the situation in which an encounter takes place between a militant, armed revolutionary or criminal and the security forces. However, to ensure that this kind of killing does not get out of hand, as it is bound to do given the huge power of the State, there are clear provisions in the Constitution, other statutes and Supreme Court and High Court rulings to regulate them. I have already quoted earlier the articles from the Universal Declaration of Human Rights which clearly lay out the right of accused to a due process of law regardless of the nature of their crimes which is the basis of a liberal democratic and just dispensation.
Secondly, there is the important issue of the legitimacy of the State in the eyes of the citizen. If there are too many extra judicial killings then the State begins to lose its legitimacy and the citizens tend to take the law into their own hands which is a very dangerous situation. Especially so in insurgency hit areas and even more so in an area like Kashmir where Pakistan is funding the insurgency. One does not know how many Kashmiris support the call for freedom from India but definitely there are a significant number of Kashmiris who don't. However, there is enough evidence to show that the security forces in their over reach have struck against civilians indiscriminately and many innocents have been affected and this has led to disaffection and anger against the state. Indeed Burhan himself was motivated to join the insurgency after the security forces needlessly brutalised his brother Khalid. The situation today in Kashmir is not as bad as it used to be in the 1990s primarily because of a huge military and security presence which has more or less hobbled the insurgency on the ground. However, this has come at a huge cost to the exchequer. If the insurgency could be eliminated then the military presence would only have to be on the border against Pakistan and there would not be the need for such a heavy deployment. Insurgencies can never be eliminated by the use of force alone. There has to be a dialogue also and for that the State must have some legitimacy in the eyes of the insurgents and their supporters. The insurgents are like fish in a pond. if there is no water in the pond then the fish will die. there is obviously a lot of water in the pond as was demonstrated by the huge flare up protesting the killing of Burhan recently. Admittedly Pakistan has had a hand in supporting both the insurgency and in fanning the protests after the killing of Burhan but why is it that there are so many people in Kashmir prepared to listen to Pakistan rather than India? So even if Burhan was a dreaded militant who had the blood of many on his hands and he was constantly urging more people to join the insurgency, nevertheless, not only from the human rights angle but also from the tactical angle there should have been a visible attempt to apprehend him and bring him to trial rather than kill him out right. Instead the security forces followed the Israeli strategy of killing at the first opportunity which has not really helped Israel in any way. Israel can afford to follow such a strategy because its security is funded by the USA but we have to fund our own security from our own taxes and that means that we have less for development work if that security bill escalates as it has done in Kashmir and other insurgency hit areas of the country.