Lakhan Bhaiya ‘encounter’: HC raps cop attitude

Ramprasad Gupta,the victim’s brother,had moved the high court soon after his brother’s death alleging that the police had staged an encounter and his brother was in fact murdered by police officers. He had urged the court to direct an FIR to be registered against the police officers and also sought a CBI investigation.

The counsels appearing for the two police officials alleged to have staged the encounter argued that this is not a case for registering an FIR. At the most,the complainant can lodge a private complaint,one of the counsels argued.

In a startling development in December 2008,a Metropolitan Magistrate’s report had stated that the victim was in “police custody” when he died.

Citing circumstantial evidence,Magistrate R K Shaikh in her report submitted to the Bombay High Court,had opined that the “police officers themselves abducted the victim at about 1 pm,took him at an unknown place where the victim died in police firing.”

The report states “the death of the victim was not caused at the alleged spot.”

Counsel for one of the police officers argued that this was a case of accident and there are two eyewitnesses to testify the same. Merely on suspicion we can’t lodge a case,the counsel argued.

Division bench of Justice B H Marlapalle and Justice Roshan Dalvi observed that if this is the way the police are conducting the case then they will have to give the case to the CBI.

“There is something serious which the police want to suppress,” Justice Marlapalle said.

Justice Marlapalle pointed out that the bullet was shot at point-blank range on the forehead of the victim while the second one hit his chest.

The judge also pointed out the false affidavit filed by then police commissioner A N Roy. The court will continue hearing the case on Friday.