News Analysis India

Tag: Fake encounter

  • Families of five Maoists who were gunned down allege ‘fake encounter’ by Jharkhand police 

    Express News Service

    RANCHI: Family members of the five Maoists who were gunned down on Monday alleged that it was a fake encounter as the police shot them in their heads even as they gathered to surrender. 

    Meanwhile, DGP Ajay Kumar Singh, who was on a day-long visit to Chatra on Tuesday to boost the morale of the security forces, rejected their allegations saying that there is no merit in the allegations made by the family members of the Maoists who were killed in a police encounter.

    “There is no substance in the allegations as whatever happened is before everyone. Now, legal proceedings will continue on its own way,” said the DGP.

    Notably, in a historic achievement by Jharkhand police, five hard-core Maoists -two Special Area Committee (SAC) members and three Sub-Zonal commanders, were gunned down by security forces at Lawalong in Jharkhand’s Chatra on Monday.

    Those who were killed in police encounters include Sub-zonal Commanders Amar Gnjhu, Nandu and Sanjeev Bhuiyan, besides SAC members Gautam Paswan and Ajit Oroan alias Charlis. The SAC members had a bounty of Rs 25 lakh each, while the Sub-zonal commanders had prize money of Rs 5 lakh each on their heads. Family members of SAC Member Gautam Paswan said that they had reached Chatra with the intention to surrender, but were killed by police calling it an achievement for them.

    “Police have killed my father in a fake encounter as they have been killed from close range on their heads. I will go to Human Rights Commission seeking justice from them,” said SAC member’s son Chandan Paswan. According to Chandan, since, the police does not want them to lead a dignified life hence; they killed his father so brutally.

    “They also want us to join the Maoist group. This is not an encounter; it is just a cold blooded murder,” said Chandan Paswan. Gautam’s brother Girija Paswan informed that his brother was about to surrender before police and hence he was in regular contact with police, but he was killed in fake encounter. “My brother was shot in his head after he surrendered before police. Police officials had told us that Gautam Paswan will surrender before them very soon and hence, he was approaching Chatra district. In between, he was killed in a fake encounter,” said Girija Paswan.

    A proper investigation must be done, for which, they will take the matter to the Court, he added.

    Santosh Yadav, son-in-law of sub-zonal commander Ajay Yadav alias Nandu also sought justice calling the encounter as fake. “Had there been an encounter, there would have been firing from both the sides, but no firing was done from the other side. Moreover, all of them were shot on their heads, which is quite unlikely,” said Santosh Yadav.

    RANCHI: Family members of the five Maoists who were gunned down on Monday alleged that it was a fake encounter as the police shot them in their heads even as they gathered to surrender. 

    Meanwhile, DGP Ajay Kumar Singh, who was on a day-long visit to Chatra on Tuesday to boost the morale of the security forces, rejected their allegations saying that there is no merit in the allegations made by the family members of the Maoists who were killed in a police encounter.

    “There is no substance in the allegations as whatever happened is before everyone. Now, legal proceedings will continue on its own way,” said the DGP.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Notably, in a historic achievement by Jharkhand police, five hard-core Maoists -two Special Area Committee (SAC) members and three Sub-Zonal commanders, were gunned down by security forces at Lawalong in Jharkhand’s Chatra on Monday.

    Those who were killed in police encounters include Sub-zonal Commanders Amar Gnjhu, Nandu and Sanjeev Bhuiyan, besides SAC members Gautam Paswan and Ajit Oroan alias Charlis. The SAC members had a bounty of Rs 25 lakh each, while the Sub-zonal commanders had prize money of Rs 5 lakh each on their heads. Family members of SAC Member Gautam Paswan said that they had reached Chatra with the intention to surrender, but were killed by police calling it an achievement for them.

    “Police have killed my father in a fake encounter as they have been killed from close range on their heads. I will go to Human Rights Commission seeking justice from them,” said SAC member’s son Chandan Paswan. According to Chandan, since, the police does not want them to lead a dignified life hence; they killed his father so brutally.

    “They also want us to join the Maoist group. This is not an encounter; it is just a cold blooded murder,” said Chandan Paswan. Gautam’s brother Girija Paswan informed that his brother was about to surrender before police and hence he was in regular contact with police, but he was killed in fake encounter. “My brother was shot in his head after he surrendered before police. Police officials had told us that Gautam Paswan will surrender before them very soon and hence, he was approaching Chatra district. In between, he was killed in a fake encounter,” said Girija Paswan.

    A proper investigation must be done, for which, they will take the matter to the Court, he added.

    Santosh Yadav, son-in-law of sub-zonal commander Ajay Yadav alias Nandu also sought justice calling the encounter as fake. “Had there been an encounter, there would have been firing from both the sides, but no firing was done from the other side. Moreover, all of them were shot on their heads, which is quite unlikely,” said Santosh Yadav.

  • Kin of three killed in encounter in Srinagar’s Hyderpora area reject claim of police

    Express News Service

    SRINAGAR: With families of three of the four persons killed in Hyderpora encounter in Srinagar claiming the men were innocent, the encounter has become controversial. The three families have also demanded return of the bodies which have been buried by the police quietly in north Kashmir’s Handwara, for proper burial and inquiry.

    “I want justice for my husband Dr Mudasir Gul. I want to see his face. My one-year-old daughter wants to see his face. Why you killed Mudasir and why you orphaned my daughter. My daughter is one-year-old and she says only one word ‘baba, baba’. Give her baba back,” said Humaira Mudasir.

    Mudasir was among the four persons killed in Hyderpora encounter and according to IG (Kashmir) Vijay Kumar he was an over ground worker (OGW) and running an illegal call centre in a private building.

    “Police can kill me and my daughter if my husband was proven an OGW as claimed by them. Give us evidence of Mudasir being an OGW. He was a doctor by profession and earning his livelihood in a clean manner,” said Humaira.

    Mudasir’s family staged a protest at the Press Enclave in Srinagar to demand the return of his body and inquiry into the incident. Family of another deceased Altaf Ahmad Bhat, who was owner of the building where the encounter happened and was among the four killed, also protested. The police detained them later. 

    Altaf’s brother said he is a government employee and remains in contact with police. “Had there been any allegation against my brother, police would have informed me. For 30 years, my brother had been doing business in Hyderpora area. He has got his own complex in the area and was also a builder. He was a taxpayer,” he said.

    IGP Kashmir Vijay Kumar, while expressing regret over Altaf’s killing, said that the deceased would be counted among the “harbourers” of militants. According to police, a Pakistani militant Haider alias Bilal Bhai, his associate and hybrid militant Amir Ahmad a resident of Banihal, Dr Mudasir Gul (an OGW) and Altaf Ahmed Bhat (building owner) were killed in the encounter.

    Aamir Ahmed’s father Abdul Latif Magray said he had killed a militant in Ramban in 2006 and how could his son be a militant. “Denial of my son’s body is the reward of my fight against militants,” he said and demanded the return of his son’s body.

    The police have quietly buried bodies of the four killed in the Hyderpora encounter in a graveyard in Handwara, some  100km from Srinagar.

    TRF commander among 5 militants killed in two encounters in Kulgam

    SRINAGAR: The Resistance Front (TRF) commander Afaq Sikander was among five militants killed on Wednesday in twin encounters with security forces in Jammu and Kashmir’s Kulgam district, police said.

    The gunfights broke out in Goplapora and Pombay areas of Kulgam. IGP (Kashmir) Vijay Kumar said one of the two slain militants in Gopalpora was the commander of the TRF. He said three militants were killed in another gunfight in Pombay also.

  • 2002 encounter case: SC slams UP for laxity, directs it to deposit Rs 7 lakh towards interim cost

    By PTI

    NEW DELHI: The Supreme Court has pulled up the Uttar Pradesh government for the “laxity” in proceeding with a case, in which a man was killed in an alleged encounter by the police in 2002, and directed it to deposit Rs 7 lakh with the apex court registry towards interim costs.

    The apex court termed it a “very serious case” and said the laxity with which the state has proceeded in the case “speaks volumes of how State machinery is defending or protecting its own police officers”.

    It said that the father of the deceased is running from pillar to post for the last 19 years to ensure that justice is given to him in the case registered against the accused, who were police officers.

    The top court said that counsel appearing for the father of the deceased, who is the petitioner before it, has stated that one of the accused who is absconding has retired from service in 2019 and he has been paid all his retiral dues even though there was an order for stopping payment of salary.

    “Such conduct of the respondent/state cannot be understood. The laxity with which state has proceeded in the present case speaks volumes of how State machinery is defending or protecting its own police officers,” a bench of justices Vineet Saran and Aniruddha Bose noted in its order passed on Thursday.

    The bench noted that the incident is of 2002 and since then, the matter has been pending.

    The alleged encounter had taken place in Sikanderabad in Bulandshahr district.

    It said from the record, it appears that a closure report was filed by the police but the same was rejected by the trial court in January 2005.

    The apex court noted that the accused were not even arrested for the next nine months, even though there was no stay of the proceedings.

    It said in 2018, the trial court had directed the state to stop the payment of salary of the accused but still, the same was not done except in the case of one accused.

    The bench noted that the order of stopping the salary of the accused was again passed in April 2019, which according to the petitioner has yet not been complied with.

    “It is noteworthy that it was only after notices were issued by this court in this writ petition on September 1, 2021, that the state machinery geared up in action and have arrested two of the accused persons after 19 years and one accused has surrendered. As regards the fourth accused, it is stated that he is still absconding,” the top court noted in the order.

    The bench said in the extraordinary circumstances of this case, it has entertained the petition of the father of the deceased to ensure that justice is given to him.

    The court noted the submissions of the counsel appearing for Uttar Pradesh that the state is taking every action in the matter and has also initiated an enquiry as to why steps were not taken at the appropriate stage.

    “Be that as it may, considering the facts of the case as narrated above, and keeping in view the totality of the circumstances and the sufferings which the petitioner has undergone, we direct that the state of Uttar Pradesh deposit a sum of Rs seven lakhs with the registry of this court towards interim costs within one week from today,” it said.

    It further said, “On such deposit being made, the petitioner, who is the father of the deceased, shall be entitled to withdraw the same.”

    The bench has posted the matter for hearing on October 20.

  • Gujarat govt denies sanction to prosecute cops in Ishrat Jahan fake encounter case

    By PTI
    AHMEDABAD: The Gujarat government has refused sanction to prosecute three accused police officials including IPS officer G L Singhal in the 2004 Ishrat Jahan fake encounter case, the CBI told a court here on Saturday.

    The Central Bureau of Investigation had sought permission from the state government to prosecute Singhal, Tarun Barot and Anaju Chaudhary on the direction of special judge V R Raval.

    Under section 197 of the Code of Criminal Procedure, sanction is required for prosecuting government servants for anything done in the discharge of official duty.

    “The Gujarat government has declined sanction for the prosecution of the three accused.We submitted the letter to the court today,” said R C Kodekar, special prosecutor.

    Inspector General of Police Singhal, retired police officers Barot and J G Parmar, and Chaudhary have filed applications before the court seeking “dropping of proceedings for want of requisite sanction”.

    Parmar died during the course of hearing.

    In its order in October 2020, the court had observed that the police officers had “acted in their official duties,” so the CBI was required to obtain prosecution sanction.

    In 2019, the CBI court had dropped proceedings against former police officers D G Vanzara and N K Amin in the case after the state government similarly refused sanction.

    In 2018, former in-charge Director General of Police P P Pandey was discharged from the case.

    The CBI had named seven police officers — Pandey, Vanzara, Amin, Singhal, Barot, Parmar and Chaudhary — as accused in its first charge sheet filed in 2013.

    Ishrat Jahan, a 19-year-old woman from Mumbra near Mumbai, was killed along with Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar by Gujarat police in an `encounter’ near Ahmedabad on June 15, 2004.

    The police claimed the four were terrorists who were planning to assassinate then Gujarat Chief Minister Narendra Modi.

    However, a High Court-appointed Special Investigation Team concluded that the encounter was fake, after which the CBI registered a case against police officials.

  • Father of Kashmir youth killed in ‘encounter’ waits with empty grave 

    Express News Service
    SRINAGAR: With the police not handing over the dead bodies of the three local youth killed in a recent ‘encounter’ in Srinagar outskirts, father of one of the slain youth has dug up an empty grave for his son at his ancestral graveyard in south Kashmir’s Pulwama district.

    Mushtaq Ahmad, father of 11th class student Athar Mushtaq has dug up an empty grave at his native village of Belou. Athar was among three youth, whom security forces say were militants and killed in an encounter at Lawaypora in Srinagar outskirts on December 30. Police claimed an assault rifle and two pistols were recovered at the encounter site.

    However, families of the slain youth have alleged that the three were civilians and not even remotely connected with militancy. “My son was studying in class 11th. He was a civilian and brutally killed by troops in a staged encounter. Now I want his body back so that I can give a proper burial to my son’s body at our graveyard,” said Mushtaq.

    The bodies of all the three slain youth Athar Mushtaq, Aijaz Ahmad Ganai, both hailing from Pulwama and Zubair Ahmad Lone from Shopian were buried by police quietly in a graveyard in Sonamarg area in central Kashmir’s Ganderbal district. After the outbreak of Covid-19 pandemic, police is not handing over bodies of local militants killed in encounters to their families.

    “After my son’s death, I went to Srinagar and visited the Police Control Room (PCR) Srinagar to see my son’s face for the last time. I was not allowed. Then I went to Gund, Ganderbal and pleaded with security men to let me, my wife and my daughter see Athar’s face. But we were not allowed to see him for the last time,” said Mushtaq.

    He appealed government to return his son’s body so that he can give a proper burial to the body. “I will wait to bury the body at his ancestral graveyard here,” said Mushtaq. He threatened to take his life if his son’s body was not handed over. 

    ‘Threats started after getting domicile’ A 67-year old goldsmith Satpal Nischal, who was shot dead by militants at his shop in Hari Singh High street of Srinagar on December 31, had never faced any militant threat, but was killed after he had got the domicile certificate. “My father was living in Kashmir since 1970 and running this jewellery shop since 1984. We did not close our shop even during the peak of militancy in 1990s,” said Satpal’s elder son Rakesh

  • 3 Bombay HC judges recuse from case

    Three judges of the Nagpur bench of the Bombay High Court have recused themselves from hearing a petition filed by Advocate Satish Uke alleging that Judge BH Loya, who was presiding over the trial in the alleged fake encounter of Sohrabuddin Sheikh, was “poisoned” with a radioactive isotope.

    Two days after Justice SB Shukre and Justice SM Modak recused from hearing the petition filed by Uke, the same petition came up before the bench of Justice PN Deshmukh and Justice Swapna Joshi on Wednesday, the court stated in its order: “Not before the bench of Justice Swapna Joshi”.

    Earlier on Monday when the petition came up before them for hearing, Justices Shukre and Modak had stated: “Not before us”.

    All the three judges have not assigned reasons for recusing themselves from hearing the Justice Loya death case.

    It is being surmised in the legal circles that Justice Shukre’s decision to recuse himself from hearing the Justice Loya death case might be attributed to the fact that he had spoken to an English national newspaper earlier and stated among other things that there was nothing suspicious behind Judge Loya’s death and that doctors had done their best to save him.

    Secondly, Justice Modak was staying with Judge Loya along with another Judge Shridhar Kulkarni at Ravi Bhavan Guest House in Nagpur’s civil lines area. Judge Loya was staying with them he had gone to Nagpur to attend his colleague’s daughter. However, the reason for Justice Swapna Joshi’s recusal from the case was not immediately known.

    Incidentally, the names of Justices Shukre, Modak and Joshi feature in the reported sequence of events leading up to Loya’s death in Nagpur on  December 1, 2014.

    It may be recalled that Justice Loya (48) had died of a “heart attack” on December 1, 2014 when he had gone to attend the wedding of a colleague’s daughter. At that time, Justice Loya was hearing the alleged Sohrabuddin Sheikh encounter case — in which BJP’s current national president Amit Shah was one of the accused.  Justice Loya’s family had earlier raised several questions about the circumstances leading to Loya’s sudden death. There were also reports in a section of the media raising suspicions  over the cause Judge Loya’s death.

    In his petition before the Nagpur bench of the Bombay High Court, Advocate Uke has alleged BJP president Amit Shah, one of the key accused in the Sohrabuddin fake encounter case who was discharged later, had met Ratan Kumar Sinha, then Chairman of the Atomic Energy Commission, during the latter’s (Shah’s) visit to Nagpur in March 2015 for three days.

    Uke has alleged that all official records regarding this meeting have been wiped out. Uke has also alleged that the meeting between Sinha and Shah, “is an indication that Loya was ultimately poisoned with a radioactive isotope”.

    In his petition, Advocate Uke has made a case for the safe custody of records in the controversial case of Judge Loya’s death.

    Among other things, Uke has also alleged in his petition that his former colleagues, retired district judge Prakash Thombre and advocate Shrikant Khandalkar, had told him that Loya died due to poisoning from a radioactive isotope. Thombre and Khandalkar have died since in allegedly mysterious circumstances.

    Uke has also alleged that before their death, Thombre and Khandalkar had informed him that records at Ravi Bhavan had been manipulated “to shield the real perpetrators of the crime”.

    Uke has also stated in his petition that in the second week of October 2014, Loya had reached out to him through Thombre and Khandalkar saying that he was being “pressured” in the Sohrabuddin “fake encounter” case to give a judgement in favour of Shah. He has stated while he never met Loya, he had spoken to him on video call sometime in October 2014.

    In that purported video call, Loya allegedly told Uke that Maharashtra Chief Minister Devendra Fadnavis was pressuring him to give a favourable outcome in the matter. Loya also allegedly told Uke about a certain Shubhanshu Joshi from Nagpur who would pay him the bribe.

    Uke has stated in his petition, Loya had admitted to him that he had already written a draft judgment giving Shah a clean chit.

    Uke stated that he along with Thombre and Khandalkar had travelled to Delhi with draft agreement and met advocate Prashant Bhushan who at that time had felt that there was no sufficient evidence to pursue the matter.