“Five policemen and three private individuals including a lady who was with gangster Sandeep Gadoli has been booked under section 302 (murder) of the IPC. Special Investigation Team of Mumbai police, after investigation, has found that it was a fake encounter,” Attorney General Mukul Rohatgi told a vacation bench of Justices P C Pant and D Y Chandrachud.
He said that the SIT has made all the eight persons, including five cops, accused and a magistrate has been informed about the change of section from 307 (attempt to murder) to section 302 (murder) of the IPC.
The “notorious” gangster Sandeep Gadoli was carrying a reward of Rs. 1 lakh on his head and was wanted in over 40 FIRs since 1999. He was killed in an alleged shootout by the Gurgaon police on February 7 in a Mumbai suburb hotel.
The top court, which recorded the statement of Attorney General and posted the plea filed by Gadoli’s relative seeking judicial inquiry into the killing for further hearing on July 13.
AG Rohatgi opposed the plea saying that autopsy has been done and the inquest proceedings had been completed by an Executive Magistrate.
“The main prayer in the petition before the Bombay High Court was that it was a fake encounter and murder charges be slapped on police officials, who were involved in the fake encounter. Now all these have been done, so the petition has now become infructuous,” AG Rohatgi said.
Advocate Sanjay Parikh appearing for relative of Gadoli said that as per settled preposition of law, inquiry by a judicial magistrate needs to be conducted into the incident as it was an alleged police encounter.
He said that the High Court has said that there cannot be two FIRs into the same incident and there cannot be a magisterial inquiry into it.
To this, the bench said, “There can be two versions. There can be two FIRs and even two charge sheet can also be filed into an incident.”