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Petition seeking CBI probe in Giri encounter filed
12/8/2010 8:59:58 PM
EARLY TIMES REPORT
JAMMU, December: 08 (JNF):- A petition seeking CBI probe into a `controversial encounter’ which resulted in the death of one Rakesh Kumar alias Giri was filed in the High Court today by the mother of the deceased. Giri was allegedly killed by the poloice in a `fake encounter’ on November 21, 2010.

The petitioner, Shakuntla Devi submitted that the police believes her son Rakesh Kumar alias Giri remained in Kot-Bhalwal Jail Jammu along with accused of Amandeep Singh’s Murder case and made a plot to murder the witnesses of said murder case by taking Supari from the accused of said case.

The mobile phones of the deceased were tapped by the police and according to the police deceased has been killed near Marble Market Trikuta Nagar Jammu in an encounter in which one of the associates of the deceased was injured and another managed to flee. Whereas in fact the deceased was caught hold by the police earlier to the encounter and taken to P/S Satwari by three police officials namely Vishnesh Kumar, Gurmeet Singh and Sunil Jasrotia. The petitioner said her son was tortured to death in police station Satwari.

It was further alleged that the mobile phone of the deceased was misused by the police and police contacted Sunny Bawa and called him near Satyam Resort in order to kill him as well to show that an encounter had actually taken place near Satyam Resort.

The police has stated in their story that the witnesses of Amandeep Singh’s Murder case had gone to attend marriage function of their relative, Advocate Jasbir Singh along with three witnesses namely Sandeep Singh, TP Singh and Sudershan Singh Wazir whereas the dinner of Advocate Jasbir Singh was held one day earlier to this encounter and not on that date when the `fake encounter’ was staged. Moreover, the accused of Amandeep Singh’s case was in the Kot-Bhalwal Jail and the deceased never remained in Kot-Bhalwal Jail during his judicial lock-up and the statement to this effect has been given by Jail Authorities of Kot-Bhalwal Jail which was also published in the newspapers.

The petitioner further submitted that she had lost faith in police as they were harassing the petitioner and her family. It is alleged in the petition that SHO P/S RS Pura executed threats to the family of the petitioner that in case they take any action against police, they will eliminate the whole of the family consequently the whole family is under great stress. The brother of the deceased Rocky Kumar was in custody of P/S R S Pura on the death of Rakesh Kumar alias Giri and he was not allowed to participate in the last rites of the deceased. On hearing the death of Rakesh Kumar alias Giri, his grand-father also died due to shock and Rocky Kumar who was in police custody was not allowed to attend the last of rites of his grand-father as well as his brother which was in human and unsocial treatment of the police with the family of the petitioner and Rocky Kumar was released only on November 30, 2010 after getting bail from the court of law in a case of theft in which he was falsely implicated by the police which has never been committed by him as per petition, neither any case is pending against him in any police station or Court. The police killed one son of the petitioner and implicated the other in a false and frivolous case.
The petitioner further submitted she has firm belief that the encounter was faked and police has killed the son of the petitioner in their custody and then connected murder of Rakesh Kumar alias Giri with Amandeep’s Murder case. So it was fake encounter and murder of Rakesh Kumar alias Giri by the police requires to investigated through independent agency other than the police and in this case the investigation of this case should be got conducted from the CBI because higher officers/officials are involved and they can influence any other agency in order to save themselves and temper the evidence. The whole of the evidence collected from the spot is in the custody of the police. The police may temper with the connected evidence and the whole of the evidence is required to be preserved at the earliest so that truth should come out about this fake encounter. It is further submitted that call record of all these officers and Sudershan Kumar Wazir is also important evidence in this case and required to be preserved. It was submitted that petitioner approached DGP J&K for registration of case against aforesaid officers but they are not to allow meeting and prayed for referred for the case to CBI. JNF
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