RAVINDRA PAL SINGH Vs. SANTOSH KUMAR JAISWAL

JUDGEMENT

(1.) This transfer petition has been filed by the father of Ranbir Singh (hereinafter referred to as the deceased), who according to the prosecution, was killed by the Respondents in a fake encounter. On 2nd of July, 2009, the deceased who was a MBA student had gone to Dehradun in search of a job and stayed at Digambar Jain Mandir, Dharmasala. On 3rd of July, 2009, he was arrested by the Police of Police Station Dalanwala at around 1312 hrs. According to the prosecution, this can be seen from the record of Global Positioning System (GPS) log of the vehicle of SHO, Dalanwala. At around 1530 hrs on the same day, the deceased was killed in a cold blooded manner by pumping 29 bullets into him by the police officials. It is the case of the prosecution that Santosh Kumar Jaiswal (A1) had fired 2 bullets from his service revolver, Neeraj Kumar, SI (A4) fired 2 bullets from his revolver; Chandra Mohan Singh Rawat (A6) fired 6 bullets from his pistol; Gopal Dutt Bhatt (A2) fired 7 bullets from his pistol; Nitin Chouhan (A5) fired 6 bullets from his pistol; Rajesh Bisht (A3) fired 7 bullets from his pistol and Ajit Singh (A7) fired 2 bullets from AK-47. It is also alleged that 5 bullets were fired by police officials from the 9 mm Pistol, which was subsequently planted by them on the deceased to camouflage the fake encounter into a real encounter. The CFSL Report has confirmed that 29 bullets were fired at the deceased. Seventeen bullets hit him from a very close range as there was blackening surrounding the wounds. It was also opined that atleast 9 bullets were fired at the deceased from actual distance of 3 feet. The father of the deceased was informed by media persons that his son had been shot down by the police at Dehradun. He reached Dehradun in the night itself. When he tried to contact the police officials, he was threatened by one of the police officers, namely, Ajay Singh C.O. Dalanwala that if he tries to interfere in the matter, he would also be eliminated like his son. On 4th July, 2009, the complainant went to the hospital where he was again threatened by another police officer, namely Mr. Tamta. Thereafter, the complainant took the body of his son to Meerut to perform his last rites. After performing the last rites of his son, the complainant came back to Dehradun and got registered FIR No. 101 of 2009 dated 6th July, 2009. As the investigation was not progressing due to the influence of the local police, the matter was entrusted to the CBI for investigation. However, the police officials continue to exert influence even on the investigation which was being conducted by the CBI.

(2.) In order to cover up the fake encounter, the deceased had been made an accused in a case of theft and dacoity by the police officials. It was alleged that Ranbir Singh and his co-accused were planning to commit robbery in the house of one Kavita Saxena situated at Madhuban Enclave, Mohini Road, Dehradun. Ranbir Singh, the deceased, was suspected to be in conspiracy with his friend Shekhar Tyagi, Ram Kumar, Ashok Panwar and Amit Bhatnagar. In order to commit the robbery, the deceased and his friends had procured and were in possession of lethal weapons. The deceased and his companions were said to be in possession of one katta. They had reached Dehradun on 2nd July, 2009. They had planned to commit the robbery on 3rd July, 2009. It was further the case of the Respondents that the deceased and his friends had stayed at Flat No. 9 of Jain Dharamshala, Gandhi Road, Dehradun on the night of 2nd July, 2009. On 3rd July, 2009, they left the Jain Dharamshala at about 1230 hrs. At that time, the deceased and his friend were carrying a black bag containing katta, ropes and "cello tape" etc. on a motor cycle. They were being followed by Ram Kumar. Ashok had been sent to see the lane in which the house of Kavita Saxena was located. They were waiting for Ashok to come back with the information at a place near Gurudwara on Mohini road. At about 1245 hrs. they were met by G.D. Bhatt, S.I. Incharge Araghar Chowki who was on routine patrol checking. Whilst Respondent No. 2 was checking the deceased and his friends, an altercation broke out between them. In the altercation, the deceased attacked Respondent No. 2 and snatched his service pistol. At that stage, a passerby, Anjum Parvej Khan intervened and fired a shot in the air from his licenced pistol. The deceased and his companion fled away on a motor cycle along with service pistol which they had stolen from S.I. G.D. Bhatt. According to the Respondents, the deceased was killed in an encounter with the police personnel in cross firing. Consequently, an FIR was registered against the deceased and his associates on 3rd July, 2009 under Section 394, IPC. Another FIR was also registered under Section 307 IPC against the deceased and his associates. The motor cycle was also recovered from the place where the deceased was killed in the encounter. According to the Respondents, even the motor cycle had earlier been stolen by the deceased and his associates. Subsequently, chargesheet had been filed against the deceased and his associates under Sections 120B, 392, 333 and 411 IPC.

(3.) It is the case of the Respondents that the transfer petition is wholly misconceived. The investigation has been transferred to the CBI. The CBI has submitted a closure report in the case registered against the deceased and his companion. Clearly, therefore, the police officers cannot be said to be exerting any influence on the proceedings in court. Once the investigation has been entrusted to the CBI, the local police has no further role to play. Further more, answering Respondents are no longer posted at Dehradun. Even otherwise the Respondents are not high officials and cannot exert any influence on the State. One of the Respondents is an Inspector. Five Respondents are Sub-Inspectors and the rest are in the rank of Constables. The impartiality of the State is also apparent that all the Respondents have been transferred out of Dehradun.