Fake Encounters - High Court Grants Anticipatory Bail in Controversial Fake Encounter Case
Court finds lack of direct allegations and unnecessary custodial interrogation for police officers accused in staged encounter; anticipatory bail granted with conditions.
News Report:
In a significant ruling, the Madhya Pradesh High Court granted anticipatory bail to police officers Anil Patidar and Mukhthar Rashid Qureshi, involved in the controversial fake encounter case, citing insufficient direct allegations and the lack of necessity for custodial interrogation. The case, which has garnered widespread attention, revolves around the alleged staged encounter of Bansilal Gurjar in 2009, whose death was later revealed to be an innocent person, thereby raising serious questions about police conduct.
The judgment, delivered by Shri Subodh Abhyankar, J., comes in response to two separate applications filed under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023/438 of the Cr.P.C., by the applicants fearing arrest in connection with Crime No. R.C.08(S)/2014/CBI/SC-III-ND, registered at the CBI's New Delhi Police Station. The applicants were accused of conspiring to shield Bansilal Gurjar by staging his encounter and killing another individual in his place.
The court meticulously examined the case-diary and statements recorded during the CBI investigation, revealing coercion and false identification orchestrated by police personnel. Notably, several witnesses, initially identifying the deceased as Bansilal Gurjar under police pressure, later recanted their statements. These revelations cast doubt on the credibility of the identification process and implicated police officers in the fabrication of evidence.
Despite the gravity of the allegations, the court determined that custodial interrogation of the applicants was unwarranted due to their cooperation with the investigation and the absence of direct allegations against them. The judgment emphasized the pivotal role of another police officer, Parshuram Singh Parmar, who was repeatedly named by witnesses as the orchestrator of the coercion and false identification, suggesting a focus on his involvement rather than the applicants.
The court's decision to grant anticipatory bail mandates the applicants to furnish a personal bond and surety of Rs. 25,000 each, ensuring their availability for interrogation as needed. The ruling also stipulates compliance with conditions outlined in Section 438(2) of the Cr.P.C., ensuring adherence to the legal framework governing anticipatory bail.
This development marks a crucial juncture in the case, which has seen extensive legal proceedings since the revelation of the staged encounter. The judgment also highlights the ongoing investigation by the CBI, tasked with probing all aspects of the case, including the alleged roles of police officers involved.
The anticipatory bail granted to Anil Patidar and Mukhthar Rashid Qureshi underscores the court's balanced approach in assessing the need for custodial interrogation against the backdrop of cooperation and lack of direct evidence. As the investigation unfolds, the focus now shifts to the actions and involvement of key individuals, particularly Parshuram Singh Parmar, in the alleged orchestration of the staged encounter.
This case serves as a stark reminder of the critical importance of transparency and accountability in law enforcement, particularly in cases involving serious allegations such as fake encounters. The Madhya Pradesh High Court's ruling sets a precedent for judicial scrutiny in ensuring justice and safeguarding individual rights amidst complex legal narratives.
