Irked by the UP government’s laxity in allowing policemen involved in alleged fake encounter case of 2002. To roam scot-free despite court orders for their arrest, the SC asked the state to pay compensation Rs 7 lakhs. Within seven days to the victim’s unfortunate father, who searching for justice for last 19 years.
Victim’s father Yash Pal Singh narrated pitiable plight for 19 years running from pillar to post from the trial court. The SC seeking justice for his son and brought to notice of Justices Vineet Saran and Aniruddha Bose facts. Pointing to the UP government’s hand granting protection to the accused policemen from the rigor of the law.
Terming the case “very serious” and discarding the routine technical judicial norm. Asking the petitioner to move the concerned High Court. The bench said, “The father of the victim, killed by police in alleged encounter. Running from pillar to post from the last 19 years. Unfortunately, the petitioner’s father compelled to file this writ petition under Article 32 of the Constitution of India. Normally, we are slow in entertaining petitions directly filed in this SC. But in the extraordinary circumstances of this case, we entertained this petition to ensure that justice given to the petitioner, which denied for about two decades.”
The records illustrated how the mighty police force can subvert the rule of law in the country. The UP police filed a closure report favoring the accused. But, the trial court rejected it on January 3, 2005. Despite the rejection of the closure report, no steps taken to arrest the accused policemen. For the next nine months despite it being a murder case.
Even the rejection of petitions of accused persons by the Allahabad HC in 2017 did not awaken the authorities to expedite the case by arresting the accused person and prosecuting them. Tired of the lethargy shown by authorities in bringing the perpetrators to face trial, the trial court in 2018 directed the UP government to stop the salaries of the accused policemen.
This order brushed under the carpet and the accused policemen, barring one, did not face stoppage of salary. The trial court reiterated its order to stop the salaries of the accused on April 2, 2019, the petitioner’s counsel Divyesh Pratap Singh not complied with.
Only after the victim’s father approached the SC and notices were issued on his plea that the state woke up from its deep slumber to arrest two of the accused policemen in September 2021, after 19 years of the incident, Another accused surrendered fearing the wrath of the SC. But, the SC was informed that the fourth accused policeman is still absconding.
UP additional advocate general Garima Prasad
Assurance by UP additional advocate general Garima Prasad about the state taking the matter seriously and initiating inquiry about laxity in not arresting accused policemen did not assuage the SC’s disappointment with the manner in which a murder case had been dragged on for 19 years.
Bench Of Justices
The bench said, “Considering the facts of the case as narrated above and keeping in view the totality of the circumstances and the sufferings which the petitioner has undergone, we direct that the state of Uttar Pradesh to deposit a sum of Rs 7 lakhs with the Registry of this Court towards interim costs within one week from September 30. On such deposit being made, the petitioner, who is the father of the deceased, shall be entitled to withdraw the same.” It posted the matter for further hearing on October 20.
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