Madhya Pradesh HC Denies CBI Probe Into Alleged Fake Encounter By Police Officials; Imposes ₹1L Fine On State

The Madhya Pradesh High Court has declined to order a Central Bureau of Investigation (CBI) probe into a case involving an alleged fake encounter by police officials dating back to 2007.

The Division Bench of Justice Vivek Rusia and Justice Rajendra Kumar Vani imposed a hefty fine of Rs. 1 lakh on the Madhya Pradesh government for the failure of the police in handling the case effectively.

"It is unfortunate that the same has been pending since the last 12 years awaiting the presence of the Investigation Officer (IO) 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," the Court said. 

The Bench noted that the IO was posted as AIG, CID, PHC, Bhopal from 22/7/2013 to September 2012. Thereafter, from 2014 to 2022, he was on deputation and posted in Delhi. Thereafter, he came back as AIG SISF, Bhopal in 2022 and now, he is posted as SP, Datia. "Surprisingly, he could not get one or two days time to appear before the Court since 2012. Most of the time, he remained on deputation but did not care to appear before the Special Court so that the learned session Court could examine the closure report. The petitioner expired awaiting justice from the Court," the Bench said. 

It noted that the cost of Rs. 20,000 has not been paid to the petitioner till date and said, "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."

Subsequently, the Court ordered, the state government to increase the compensation amount from Rs. 20,000 to Rs. 1 lakh as a penalty for its insensitivity and inaction. "Therefore, the cost of Rs. 20,000 deserves to be increased to Rs. 1,00,000 (rupees one lac only)," it ordered. 

The case revolves around allegations raised by Janka Kewat, who passed away subsequent to filing an appeal in 2011. Kewat accused the police of forcefully taking away her three sons in 2005, resulting in the disappearance of one son, Khushali Ram. In 2007, a newspaper reported the killing of two alleged dacoits, Kalia alias Braj Kishore and Amar Singh Jat, in a police encounter. Kewat asserted that her missing son's photograph was inaccurately portrayed as Kalia in the newspaper report.

Despite Kewat's persistent demands for a fair investigation, including her plea for a CBI probe, the High Court ruled against transferring the case to the CBI, citing the considerable passage of time since the incident occurred.

The Court emphasized that the basis of the petitioner's claims rested largely on a photograph published in a newspaper and noted that subsequent investigations did not warrant CBI intervention. "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 said. 

Initially, a Single-Judge bench had declined Kewat's plea for a CBI probe in 2010 but directed the Crime Investigation Wing of the MP Police to investigate the matter. This decision was later appealed, leading to the recent division bench order. 

While upholding the decision to reject the CBI probe, the Division Bench expressed dissatisfaction over the prolonged delay in the trial court's consideration of the closure report filed by the police. 

Furthermore, the Court ordered, "The Director General of Police M.P. is also directed to look into the matter as to why there has been so much delay of 12 years in the appearance by the Investigating Officer before the Special Court. The order sheets right from 10/8/2012 reveal that Shri Virendra Mishra has not been appearing to date before the Special Court since 2012 hence the learned trial Court could not decide as to whether the closure report is liable to be accepted or rejected. Therefore, action is recommended against Shri Virendra Mishra for not appearing before the Special Court since 10/8/2012." Accordingly, the Court disposed of the Appeal. 

Cause Title: Smt. Janka Kewat v. Union of India and Others 

Appearance:-

Appeallant: Advocates Jitendra Sharma, Sushil Goswami

Respondent: Additional Advocate General (AAG) Ankur Mody

Click here to read/download the Judgment