Mumbai: The Bombay High Court on Tuesday allowed the petitioner to withdraw a plea seeking a Central Bureau of Investigation (CBI) probe into the alleged “fake encounter” of Rohit Arya, who was shot dead by the Mumbai Police during a rescue operation last month.
Court Grants Liberty To File Private Complaint
A bench of Justices Ajey Gadkari and R.R. Bhonsale permitted the withdrawal and granted liberty to file a private complaint before a metropolitan magistrate.
Allegations Of Political Influence
The petition, filed by Shobha Buddhivant through advocate Nitin Satpute, alleged that Arya was killed “under the pretext of self-defence and retaliation at the behest of a political leader.” It further claimed that Arya had been under severe mental stress due to the state government’s failure to clear his pending dues.
Court Points Out Procedural Error
Satpute submitted that advocate Buddhivant had sent a written complaint to the police before filing the plea. The bench, however, noted that the document sent was a notice, not a complaint.
“This is a notice, not a complaint. You must file a private complaint as mandated by law. There cannot be multiple authorities with whom you can file a complaint; it has to be specific and with the concerned police station,” the court remarked.
Court Declines Conversion To PIL
Satpute contended that the police had refused to take cognisance of the complaint and requested the court to convert the plea into a public interest litigation (PIL). The bench declined, observing that the matter did not qualify as one of public interest.
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Background Of The Case
The plea had sought transfer of the probe from the Mumbai Police Crime Branch to the CBI, alleging bias. Arya had taken 17 children and two adults hostage at a recording studio in Mumbai on October 30 and was shot dead during the rescue operation after allegedly firing at the police with an air gun.
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