2018 encounter: HC upholds probe | Ahmedabad Information

Ahmedabad: The Gujarat excessive courtroom has upheld a magisterial inquiry that gave a clear chit to Mahisagar police in reference to the encounter loss of life of Sajid Shaikh alias Rabdi in Lunawada city in 2018. On this case, Rabdi, who confronted 48 FIRs, allegedly hid in a home in Lunawada on Aug 18, 2018, holding ladies and youngsters hostage by wielding a sword. Police tried to steer him to throw the sword, however he didn’t, and allegedly tried to assault a policeman current there. This led PSI P R Karen to fireplace one spherical within the air, and the second bullet he fired went by means of Rabdi’s neck, killing him.

This police encounter resulted in a compulsory magisterial inquiry beneath Part 176 of the CrPC, and the Justice of the Peace concluded that the PSI fired to guard not solely the hostages, but in addition police personnel. This was not acceptable to Rabdi’s household, they usually demanded registration of an FIR and an impartial investigation by an company aside from Mahisagar police.They filed a petition within the excessive courtroom, terming the magisterial inquiry partial, stating that the Justice of the Peace recorded statements solely of the police officers who have been current on the spot, they usually demanded an FIR in accordance with the rules of the Supreme Court docket.After the listening to, Justice M R Mengdey upheld the inquiry report, stating that the Justice of the Peace carried out a “detained inquiry”, and mentioned additional, “Upon perusal of the report of the discovered Justice of the Peace, this competition raised on behalf of the petitioner will get falsified because the discovered Justice of the Peace not merely recorded the statements of the police officers, but in addition recorded the statements of the individuals who have been stored as hostages by the deceased.“The excessive courtroom upheld the magisterial inquiry report’s conclusion that the PSI opened hearth in self-defence and to save lots of captive ladies and youngsters. On the SC tips, the HC mentioned, “These tips are pertaining to inquiry into the loss of life occurred attributable to police encounter and as noticed hereinabove, the current not being the case of police encounter, the adherence to these tips is just not crucial. Discovered Justice of the Peace seems to have left no stone unturned for eliciting the reality, and subsequently, no additional inquiry is required to be carried out by the hands of Police as contended on behalf of the petitioner.”