PIL Seeks Independent Probe In 'Fake Encounter' Of 13-Yr-Old Boy, His Father: Gujarat HC Issues Notice To State Govt, Police

Dealing with a Public Interest Litigation (PIL) plea filed in connection with the alleged fake encounter of a 13-year-old minor and his father by Gujarat Police officials, the Gujarat High Court today issued notices to the Gujarat State Government, Gujarat Police, and the State Human Rights Commission.

The Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri was hearing the Plea filed by Sohanaben Hanifkhan Malek (sister of the 14 year old boy) drawn and filed by Vicky Bipin Mehta and argued by Senior Advocate Yatin Oza.

The petitioner has alleged that her father, Hanifkhan, the alleged leader of the 'Talpatri Gang' of highway robbers, and his 14-year-old son Maddinkhan were allegedly killed in a fake encounter carried out by the police officers of Bajana police station in Patdi taluka. 

The case in brief (as per the PIL)

As alleged in the PIL, on November 6, 2021, at around 7-8 p.m., the Police Sub-Inspector V. N. Jadeja and other Police officers came to the house of the petitioner in a private vehicle and dragged the father of the petitioner, named Hanifkhan and put him in the vehicle that they had brought in.

Further, looking at the atrocity, the 14-year-old brother of the petitioner went to ask the reasoning and followed his father, and seeing this, SI Jadeja shot the brother of the petitioner point-blank in the chest.

On seeing this, the PIL alleges, the father of the petitioner also got angry and as he came to see his child, he was also shot dead by the Police Official. 

The case of the Police

On the other hand, the FIR registered in the case by SI Jadeja alleged that a piece of secret information was received regarding Hanifkhan (an alleged leader of the 'Talpatri Gang' of highway robbers) being present at his house, and pursuant to the said secret information, they all went at the house of Hanifkhan in a private vehicle.

Further, SI Jadeja has alleged that for self-defence, he had fired on Madeenkhan, and thereafter, when they tried to put Hanifkhan in the car and at that time, a mob of 15-20 people had attacked the police officials and at that time, they fired for their self-defense and in doing so, Hanifkhan was also hit by gun.

It was also alleged that on account of the incident, a mob of people had gathered with weapons and had inflicted blows haphazardly on the police officials.

However, in response to these allegations of the Police Officials, the petitioner has submitted that the FIR filed by them is false as accused no. 6 Amirkhan and accused no. 7 Alubhai, who have been identified to be present at the place of the incident have died several years back.

The PIL claims that it has been alleged by the SI Jadeja that the accused no. 6 and 7 were holding weapons in their hand and had attacked on police officials on the said day, however, the said fact is false as accused no. 6 Amirkhan Jatmalik has died way back in 2012 and accused no. 7 Alubhai Motibhai had died around 40 years back.

Prayers in the PIL

Against this backdrop, the PIL prays that the records be called from the authorities pertaining to the Fake Encounter killing of the father and 13-year-old brother of the petitioner, and direct for registration of FIR, an Independent Investigation against the above said Police Personals including SI Jadeja.

The PIL also prays for a direction to the independent investing agency to strictly comply with the 16 guidelines issued by the Gujarat Court in the case of PUCL & Anr. vs. State of Maharashtra & Ors. (2014) 10 SCC 635 with regard to the investigation over fake encounter killing