Patdi Encounter: Gujarat High Court Directs DSP Surendranagar To Take Decision On Application Seeking Action Against Cops

The Gujarat High Court on Tuesday directed the District Superintendent of Police, Surendranagar, to look into the application submitted before Bajana Police Station in relation to killing of a person and his 14 year-old-son in a police encounter in Patdi taluka in 2021.

The division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav also directed the DSP to look into the representation made by the victims' family to him, as well as the reminders sent for taking an appropriate action with regard to the incident, and decide the same as early as possible, preferably within a period of 4 weeks from today.

The court further directed the DSP to file an appropriate affidavit on the next date of hearing

"The DSP, Surendranagar shall consider the application and the representation of the petitioner without being influenced by the observations made in the Inquiry Report submitted by Judicial Magistrate," it said.

The order was passed in a PIL filed by Sohanaben Hanifkhan Malek, who is the daughter and sister of the deceased persons, for a probe into the killing of her father Hanifkhan Jat Malek (44) and her brother Madin (14). She has alleged that the Bajana police lodged a false FIR against the deceased, his family members and neighbors instead of registering an FIR against the cops involved in the encounter.

According to the PIL, on 06.11.2021, at around 7-8 p.m., one Police Sub Inspector and other Police officers came to the house of the petitioner in a private vehicle and dragged her father and put him in the vehicle that they had brought in, looking at the the atrocity of which, the son went to ask the reasoning where he was shot point blank in the chest, leading to his death. The father of the petitioner rushed to see his son and he was also shot dead.

In a previous hearing, the bench had issued a notice to the six respondent police officers - Bajana police inspector V N Jadeja, and his subordinates Rajeshbhai Savajibhai, Kirtibhai Ganeshbhai, Digvijaysinh Hardipsinh, Prahladbhai Prabhubhai and Manubhai Govindbhai.

The matter is again listed on August 24.

Case Title: Sohanaben Hanifkhan Malek V. The State Of Gujarat & Ors. R/Writ Petition (Pil) No. 1 Of 2022

Click Here To Read/Download The Order

Appearance : Mr Yatin Oza, Senior Counsel With Mr Vicky B Mehta For The Applicant.

Mr Mitesh Amin, Public Prosecutor With Mr Km Antani, Agp For The Opponent Nos.1,2,3

Notice Served For The Opponent Nos.10,11,4,5,6,7,8,9

Click Here To Read/Download Order