Four years after Surendrangar man, minor son were killed in ‘fake encounter’, FIR lodged against 7 police personnel

fake encounterDeceased Hanifkhan Jatmalek

Following three years of legal battle by a teenaged girl against an alleged fake encounter in which her father and minor brother were killed in Gujarat’s Surendranagar four years ago, an FIR was filed against a sub-inspector and six other police personnel in the case.

Hanifaben Jatmalek, the mother-in-law of deceased Hanifkhan Jatmalek and the legal guardian of his daughter Suhana, lodged an FIR against the seven accused at the Bajana police station on Thursday.

It is the same police station where the accused, including police sub inspector (PSI) Virendrasinh Jadeja, Head Constables Rajeshbhai Mithapara and Kirit Solanki; and Constables Shaileshbhai Kathevadiya, Digvijaysinh Zala, Prahladbhai Charmata and Manubhai Fatepara, were posted at the time of incident in 2021.

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The accused were booked under Indian Penal Code (IPC) sections 302 (murder) and 114 (abettor present when crime is committed).

Suhana told The Indian Express, “After a long legal battle, we are now satisfied that an offence has been registered against the accused police officers who had, in a fake encounter, killed my father and my brother. I will get justice only if these police personnel are strictly punished, so that neither them nor any other policeman dare to take such action in the future.”

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In 2022, Suhana, who was 13 at the time, filed a writ petition with the Gujarat High Court, requesting legal action against the accused policemen.

The quorum of Gujarat HC Chief Justice Sunita Agarwal and Justice Pranav Trivedi, on July 26, 2024, passed an order, stating, “The petitioner is at liberty to approach the court of concerned Magistrate, by moving an application under section 156(3), of Code of Criminal Procedure. On such an application being filed along with the copy of this order, the concerned Magistrate shall make necessary inquiry and do the needful strictly, in accordance with law.”

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Suhana had filed an application with Surendranagar district Dhrangadhra Patdi JMFC (Judicial Magistrate First Class) on April 17 this year. Judge R R Zimba passed an order stating that Bajana police should register an offence against the seven police personnel. “The investigation should be done by a Deputy Superintendent of Police rank officer, and a report should be submitted to the court,” the court had added.

According to Hanifaben, “On November 6, 2021, Bajana police sub-inspector Jadeja and six other policemen came to our house in Gediya village in private vehicles and dressed in plain clothes. They posed as police personnel, caught hold of Hanifkhan and made him sit in the car. At this, Hanif’s 14-year-old son Madeen came out of the house and tried to prevent them (since they were dressed as civilians) from taking his father away. PSI Jadeja took out a revolver from his pocket and shot Madeen on the chest at point-blank range, killing him on the spot. As Hanifkhan struggled with police staffers, he was also shot dead by PSI Jadeja.”

She said, “As the neighbours gathered, the cops left the spot and, later, lodged a police complaint of attempt to murder against Hanifkhan’s family members. The purpose was to hide the encounter. Even after this incident, the accused police personnel continued to threaten us.”

Surendranagar district’s Deputy Superintendent of police J D Purohit, who is the investigating officer in the case, said, “I have received the charge of the investigation today. I will call the complainant and the witnesses in the case and record their statements. I will also check the status of the complaint lodged by PSI Jadeja against the family members and relatives of Hanifkhan. The seven accused police personnel will be called and their statements will be recorded… If the policemen are found guilty in my investigation, we will arrest them. It will take around two to three months for the investigation to conclude.”

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Source: https://indianexpress.com/article/cities/ahmedabad/four-years-after-surendrangar-man-minor-son-were-killed-in-fake-encounter-fir-lodged-against-7-police-personnel-10039415/

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