Supreme Court raps Uttar Pradesh over ‘encounter’ death
By IANSWednesday, May 26, 2010
NEW DELHI - The Supreme Court Wednesday asked the Uttar Pradesh government to file an affidavit within three days to describe the status of the body of the victim of an alleged fake gun battle.
The direction came after the state government told the court that the body of Mohd Saleem had been handed over to his relatives.
Senior counsel Ratnakar Dash said the body was given away May 16 and had since been buried.
The vacation bench of the Supreme Court headed by Justice G.S. Singhvi and comprising Justice C.K. Prasad asked Dash why the body was not given to the relatives. Dash replied this had been done.
Appearing for the victim’s parents, Jhadmal and Juhari, counsel D.K. Garg said the petitioners were poor people. He said had it been a rich person, the court would have issued notice under article 21 of the constitution.
Garg said it had been the practice of the top court that it refers such cases to be investigated by an independent agency like the Central Bureau of Investigation.
Saleem was killed in an alleged fake gun battle by the Uttar Pradesh Police on the night of May 15-16, 2010.
The police alleged that Saleem had looted a car along with other criminals who managed to escape.
The petitioner parents contended that their son was incapable of committing any such act as he had suffered a paralytic attack following a serious accident Nov 11, 2009.
