On May 6, 1997 the UP police shot dead Kallu alias Usman, in the Hassanganj area in an alleged encounter. They claimed that during a routine patrol, they saw “some notorious elements” sitting under a tree, planning a crime. “When challenged, they opened fire at the police,” said the FIR.

Over 10 years later, the magisterial inquiry into the “encounter” is yet to be concluded. Magisterial inquiries into about 30 cases of deaths in police encounter in Lucknow alone have been pending for several years. Under Section 176 of the Criminal Procedure Code, a magisterial inquiry to ascertain the cause of death is mandatory whenever somebody dies in police custody or is killed in an encounter. The inquiry is independent of the police investigation.

Additional City Magistrate (ACM) V Chandra Shekhar, who is conducting the inquiry into Kallu’s killing says: “The main problem is policemen not turning up for recording their statements after repeated reminders and GOs. However, they also have their own problems as they are transferred frequently just like us. If an ACM is replaced, it takes months for the encounter inquiry file to come before the new ACM”.

Here are some of the 30 cases:

• SEPTEMBER 14, 1999. The encounter killing of Ashok Gupta in Krishna Nagar.

According to police records, Gupta, along with another criminal, snatched a scooter from a person at around 12:20 am. The information was flashed on the wireless and policemen intercepted Gupta around 2 at Krishna Nagar. “There were four persons on two scooters and on being challenged, they opened fire at police,” the FIR says. Gupta was killed in the police firing but “others managed to escape.”

... contd.