KANTILAL BHIKHABHAI CHAVDA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition in the nature of a Public Interest Litigation has been filed by a President of an N.G.O. named Prakruti Environment Research and Development, registered as a Public Trust, and has prayed for the following reliefs : -

(2.) A Police Inspector of Crime Branch, Ahmedabad, Shri J.G.Parmar lodged a First Information Report on 15th June 2004 with the Crime Branch Police Station, Ahmedabad vide C.R. No.I -8 of 2004, inter alia, stating that on 14th June 2004 at about 23:00 hours an information was received by the Joint Commissioner of Police Shri P.P.Pandey through his personal sources that in a blue coloured Indica Car bearing Registration No.MH -02 -JA -4786, one individual named Javed and two Pakistani Fidayeens had left Mumbai for Ahmedabad with arms and ammunition. As the said information was supported by the intelligence sources, the Additional Commissioner of Police (Crime Branch), namely, Shri D.G.Vanzara directed the Assistant Commissioner of Police and the Police Inspector to keep a close watch and apprehend those persons. A team comprising of high ranking Police Officers kept a close watch over Indira Bridge as the information received was that the blue coloured Indica car may pass through the Indira Bridge. The Indica car was spotted and on instructions from one Shri Amin, a high ranking Police Officer, a shot was fired by a Commando which hit the rear tyre of the Indica car, as a result of which the car stopped. One terrorist got down from the car armed with AK.56 and started firing towards the Police Officers. The other terrorist who was sitting in the car also started firing. The team of Police Officers also opened fire on all those persons who were in the car and finally four persons including a lady were shot dead.

(3.) IT was stated in the First Information Report that all the deceased persons were terrorists - Fidayeens of prohibited Lashker -e -Taiba and had hatched a conspiracy to kill the Chief Minister of Gujarat. As a part of the conspiracy they had entered Ahmedabad and were shot dead by the Police Officers.