Supreme Court to Reconvene on Alleged Gujarat Fake Encounters After Next Week
The Supreme Court of India has announced that it will resume hearings on the petitions demanding an investigation into the alleged fake encounters in Gujarat between 2002 and 2006 after the upcoming week. The petitions, filed in 2007, were brought forth by senior journalist BG Verghese, renowned lyricist Javed Akhtar, and activist Shabnam Hashmi. It’s noteworthy that BG Verghese passed away in 2014.
The matter was presented before a bench led by Justices Sanjay Kishan Kaul and Sudhanshu Dhulia. Solicitor General Tushar Mehta informed the bench about a circulated letter requesting the adjournment of the hearing. The reason cited was the unavailability of senior advocate Mukul Rohatgi, representing some private respondents, due to health issues.
Advocate Prashant Bhushan, representing one of the petitioners, expressed concern over the prolonged delay in the case. He pointed out that the Justice HS Bedi committee’s report, which delved into several alleged fake encounter cases in Gujarat during the specified period, had been available for quite some time.
The bench acknowledged the health concerns and stated,
“Somebody is not well. It (pleas) will retain its position on the board.”
Justice Bedi, a former apex court judge, was appointed to head the monitoring committee probing 17 alleged fake encounter cases in Gujarat from 2002 to 2006. The committee’s findings, submitted in a sealed cover in 2019, recommended the prosecution of police officials in three out of the 17 cases it investigated.
The Gujarat government had previously expressed reservations about sharing the available material with the petitioners. They raised questions about the petitioners’ motives and their specific focus on Gujarat, suggesting a potential bias.
Bhushan countered by referencing a prior Supreme Court judgment that provided detailed guidelines on addressing fake encounter cases.
The Justice Bedi committee’s final report identified three individuals – Sameer Khan, Kasam Jafar, and Haji Ismail – who were ostensibly killed in fake encounters by Gujarat Police officials. The report indicted nine police officials, including three of inspector rank. However, no IPS officer was recommended for prosecution.
In January 2019, a bench led by then Chief Justice Ranjan Gogoi dismissed the Gujarat government’s plea for confidentiality of the committee’s final report, directing that it be shared with the petitioners.