Madhya Pradesh High Court declines CBI probe in case alleging cops killed man to pass him off as dacoit

The Madhya Pradesh High Court recently declined to order a Central Bureau of Investigation Probe (CBI) into a case of alleged fake encounter by police officials in 2007 [Smt Janka Kewat vs Union of India and Others]..The division bench of Justice Vivek Rusia and Justice Rajendra Kumar Vani, however, imposed a cost of ₹1 lakh on Madhya Pradesh government for the failure of the police in the case. The Crime Investigation Wing of MP Police has filed a closure report in the case but same is pending before the trial courtThe High Court asked the Director General of Police to look into the matter and further recommended action against the IO Virendra Mishra, who is a Superintendent of Police (SP)..However, it declined to accept the plea by the mother of the deceased for CBI probe considering that nearly two decades had passed since the victim was allegedly taken away by the Police.“The entire case of the petitioner is based on the photograph published in Dainik Bhaskar newspaper. According to the petitioner, her son was taken by the Police and thereafter he did not come back. The Police killed him and showed it as a death in the encounter in the name of dacoit Brijkishore alias Kalia. In the CID investigation, police found that Khushaliram alias Kalia was also a member of a dacoit Amar Singh Jat gang, who died in the said encounter. The writ Court has rightly observed that it is not a case which deserves to be transferred to the CBI. Now after the lapse of so many years, it would not be fit to consider the matter for reinvestigation by the CBI,” it reasoned..The order was passed on an appeal moved by 56-year-old Janka Kewat in 2011. Kewat too had passed away since the filing of the case.She had alleged that on April 22 in 2005, her three sons were taken away by the Police during the night. While two of them were released, Khushali Ram was not released.In 2007, a newspaper reported that two dacoits - Kalia alias Braj Kishore and Amar Singh Jat, had been killed in a Police encounter. Kewat alleged that her son Khushali Ram’s photo was shown as Kalia in the newspaper. The police personnel were rewarded by the State for the encounter even as the mother demanded fair investigation. It later came to Kewat’s knowledge that Kalia was still alive and lodged in a jail. She approached the High Court with a writ petition in 2010..In 2010, a single-judge had declined the mother's prayer for a CBI probe into Khushali Ram’s death. However, the police in an affidavit filed before the single-judge had confirmed that Kalia was alive. Instead of ordering a CBI probe, the single-judge in 2010 handed over the investigation to the Crime Investigation Wing of Police. This led to the instant appeal..While agreeing with the single-judge's decision to not transfer the probe to CBI after so many years, the Court flagged the delay in decision on closure report pending before the trial court.“Now, the final closure report has been filed by the Police and the same is required to be examined by the Special Court. It is unfortunate that the same has been pending since the last 12 years awaiting the presence of the Investigation Officer in the court. The order sheets reveal that there is a delay in considering the closure report as Investigating Officer Mr Virendra Kumar Mishra has not appeared before the Special Court since 2012,” it said..The Court noted that Mishra, who is posted as SP Datia at present, though was on deputation most of the time, did not care to appear before the trial court so that the closure report could be examined.The mother expired awaiting justice from the Court, it said. The State had failed to comply with single-judge's direction to pay ₹20,000 costs to her, as per the order. “Therefore, it is nothing but insensitivity on the part of the Police department. There is no explanation given by the Police before the writ Court, as well as before this Court as to why no action was taken on the complaint made by the petitioner about the missing of her son. Therefore, the cost of Rs,20,000/- deserves to be increased to Rs.1,00,000/- (Rupees one lac only),” the division bench said as it disposed of the appeal..Advocates Jitendra Sharma and Sushil Goswami represented the appellant.Additional Advocate General Ankur Mody represented the State..[Read Judgment]