The Supreme Court refused to entertain a petition seeking a judicial probe into the controversial Batla House encounter on Friday, observing that any such direction “will adversely affect the morale of the police”.

In response to the petition by the non-governmental organisation, Act Now For Harmony and Democracy, the Bench headed by Chief Justice K G Balakrishnan took strong exception to the argument that the encounter of September 18, 2008, shook the faith and confidence of a particular community.

“This is the problem,” the Court said, “you must not identify any section of the society. Criminals are criminals, why do you identify a community (with it)?”

The Bench, also comprising Justices P Sathasivam and B S Chauhan, refused to entertain the plea for an independent inquiry as well. “Thousands of police officers are being killed by criminals and terrorists,” the Bench said. “It will adversely affect the morale of the police.”

Representing the NGO, advocate Prashant Bhushan had appealed against the Delhi High Court's clean chit to the Delhi Police. The National Human Rights Commission (NHRC), too, had refused to order an independent judicial inquiry.

The Court said acceding to the plea and ordering such an inquiry will also lead to embarrassment. “It is all so unfortunate that people including a police officer were killed. But anything can happen in the encounter,” the Court said to Bhushan's submission that it was impossible to have four bullet holes on the forehead of one of the suspected militants.

In its petition, the NGO had alleged that the NHRC probe was based only on the police version and as such, cannot be said to have been conducted on expected lines.

... contd.