Ahmedabad, Jul 26 (PTI) The Gujarat High Court on Friday directed a magistrate to conduct inquiry in the alleged fake encounter of a man and his 14-year-old son in Surendranagar district of the state in November 2021.
A division bench of chief justice Sunita Agarwal and Justice Pranav Trivedi also asked the magistrate not to reject the application, to be made by the deceased man's minor daughter Sohanaben Malek, on the ground of delay.
"The magistrate shall make an independent inquiry without being influenced by any of the previous inquiries conducted by magistrate or the DSP (district superintendent of police)," said the chief justice while disposing of a public interest litigation (PIL) filed by Sohanaben Malek.
The PIL sought registration of a First Information Report (FIR) against the policemen while claiming that local police were not recording a complaint.
Malek's father Hanifkhan and his 14-year-old son Madinkhan were killed in a fake encounter by personnel of the Bajana police station in Patdi taluka of Surendranagar in 2021, the PIL claimed.
Sub Inspector Virendrasinh Jadeja shot the father-son duo outside their house in a fake encounter, the petition alleged.
Police had claimed that Hanifkhan belonged to a gang of thieves, and was facing 86 cases.
Senior advocate Yatin Oza, appearing for Malek, told the court that police went to Hanifkhan's house in a private car purportedly to arrest him, but shot him and his son dead.
An FIR for attempt to murder was registered against the deceased, while Malek's complaint against the policemen was not taken, said advocate Oza.
"A magisterial inquiry was also conducted, but a previous bench was not satisfied with it and ordered a probe through a DSP-rank officer. However, the DSP also tried to cover up the accused policemen in his inquiry report," he contended.
The high court noted that "no one can refuse to lodge a report (FIR)".
The family could have approached a magistrate under section 156(3) of the Code of Criminal Procedure instead of directly approaching the High Court, the judges added. Under the provision, a magistrate can order police probe if he or she is satisfied that a complaint has some merit.
"Efforts to lodge an FIR about the fake encounter have not materialised. Without entering into the merits of the PIL, it has been disposed of with an observation that the petitioner is at liberty to approach the court of concerned magistrate by moving an application under section 156(3) of CrPC," said the chief justice.
"The magistrate shall make necessary inquiry and do the needful in accordance with law. Delay in approaching the court shall not be a reason to reject the complaint," the bench added.