The Gujarat Government on Monday expressed reservation in the Supreme Court on sharing material with petitions on the alleged fake encounters between 2002 and 2006, monitored by a panel headed by former Apex Court judge Justice H S Bedi, expressing "serious doubts" about their locus and motives.
The top court was hearing two separate pleas filed in 2007 by senior journalist B G Verghese, who died in 2014, and noted lyricist Javed Akhtar and Shabnam Hashmi, seeking a probe into the alleged fake enconters.
Justice Bedi had probed 17 alleged fake encounters in Gujarat from 2002 to 2006 and filed a report to the Supreme Court in 2019 in a sealed cover, recommending prosecution of police officials in three cases.
Solicitor general says petitioners not concerned about encounters
Solicitor General Tushar Mehta, appearing for the state government, told a bench of Justices S K Kaul and A Amanullah on Monday that the petitioners were not concerned about encounters that occured in other states, including where they lived, and were focused on Gujarat. He questioned their locus and motives. The judges fixed further hearing on July 12.
On January 18, the top court recorded that ultimately the issue now revolves around three encounters and recorded that separate paper books will be prepared to assist the court qua that material encounter-wise.
Investigation held under CrPC
At the outset of the hearing on Monday, advocate Prashant Bhushan said the state has not done anything. Solicitor General Mehta said the investigation was held under the CrPC and no material should be shared with the petitioners.
"People staying somewhere in other states have identified particular period of encounters," said Mehta and talked of selective public interest and one of the petitioners stays in Maharashtra, apparently referring to Javed Akhtar where the encounters had taken place but he is not bothered about that.
Prosecution of IPS officer not recommended
In the final report to the apex court, the Justice Bedi panel had identified three persons prima facie killed in the fake encounters by Gujarat Police, including nine police officials and three inspector rank officers. It, however, did not recommend prosecution of an IPS officer.
The panel had also dealt wht 14 otuer cases relating to alleged fake encount killings of Mithu Umar Dafer, Anil Bipin Misra, Mahesh, Rajeshwar, Kashyap Dhaka, Salim Gagji Miyana, Jala Popat Devipujak, Rafiksha, Bheema Maanda Mer, Jagindrasin Khatansing, Ganesh Khunte, Mahendra Jadhav, Subhash Bhaskar Nayyar and Sanjay.
