India

Delhi High Court Upholds FIR In Alleged Fake Encounter Case

The Delhi High Court has reiterated the mandatory requirement to register an FIR when a person dies, emphasizing that extrajudicial killings must be thoroughly and independently investigated. The court made this observation while dismissing Delhi Police’s appeal against a lower court order, which directed the registration of an FIR against the police raiding team involved in the 2013 encounter death of Rakesh.

Court Questions Encounter Circumstances

Justice Neena Bansal Krishna, while upholding the lower court’s decision, highlighted inconsistencies in the police’s account of the encounter. The court noted that the vehicle’s tyres were not deflated, despite claims that the police fired at them. Instead, the shots were aimed at the car’s window pane. The court also pointed out that no police officer was injured, despite claims that the suspects had fired at them. The court stressed the need for a proper investigation to determine whether Rakesh’s death was a case of murder or a legitimate encounter.

Legal Protection Not Absolute

The court rejected the police’s argument that no criminal investigation could be conducted against public officers without sanction under Section 197 CrPC. The court clarified that this legal protection applies only to acts performed by public servants in the discharge of official duties.

Father Alleges Intentional Killing

The deceased’s father had lodged an FIR under Sections 302 and 34 of the IPC and Section 27 of the Arms Act, alleging that his son was intentionally killed by the police. He claimed that none of the three accused, who were allegedly fleeing in a car, fired at the police, and no officers were injured. He further alleged that the police brutally beat his son before firing at the car to cover up the crime.

Police Claim Self-Defense

The police countered that the incident had been thoroughly investigated by the SDM, who concluded that the officers fired in self-defense. The court, however, emphasized that these claims required further investigation to ensure justice.

Also Read: Supreme Court To Rule On Manish Sisodia’s Bail Plea On August 9

Gopal Krishna

Recent Posts

PM Modi Links India’s Space Triumphs To Africa During Ghana Parliament Address

During his address to the Parliament of Ghana, PM Modi drew a symbolic parallel between…

11 hours ago

Defence Ministry Approves ₹1.05 Lakh Crore Worth Of Indigenous Military Hardware

Defence Minister Rajnath Singh approved 10 major proposals on Thursday to procure indigenous military hardware…

12 hours ago

PM Modi Departs Ghana For Port Of Spain; Deepen Historic Ties With India

After concluding his two-day visit to Ghana, PM Narendra Modi emplaned for Port of Spain…

12 hours ago

India On Track To Become World’s Third-Largest Economy: PM Modi In Ghana

During his landmark address to Ghana’s Parliament, PM Narendra Modi declared that India is poised…

13 hours ago

PM Modi Honours Ghana’s Founding President Kwame Nkrumah In Accra

PM Narendra Modi paid homage to Ghana’s founding President Kwame Nkrumah on Thursday at the Nkrumah Memorial…

14 hours ago

Ghanaian MPs Carry Indian Attire As PM Modi Addresses Parliament

Two Ghanaian MPs visibly honoured India by wearing traditional Indian clothing during PM Narendra Modi’s address to…

14 hours ago