Gujarat HC issues notice to state govt on police encounter killing of 14-year-old boy

The Gujarat High Court on Wednesday issued notice to the state government on a Public Interest Litigation (PIL) demanding investigation into the killing of a 14-year-old boy in Surendranagar in November in an alleged police encounter. The boy was killed along with his father, a notorious gangster who was facing as many as 86 criminal cases. The police had claimed that the boy was 18 years old.

The division bench of Chief Justice Aravind Kumar and Justice Ashutosh Shashtri issued notice to the state government and sought its response by January 18. The court also asked the government lawyers to take instruction and file an affidavit accordingly. The PIL has been filed by Sohana Malek, whose father Hanifkhan Jatlamalik alias Kalu Munno and brother Madeenkhan were killed in the police encounter on the night of November 6 under Bajana police station in Surendranagar district.

The petition stated that police team led by police sub inspector V N Jadeja and others came to her house in "a private vehicle, dragged her father and put him in the vehicle". "Looking at the atrocity, the 14-year-old brother of the petitioner went to why his father was dragged and followed him. Seeing this, respondent - 5 (Jadeja) shot the brother of the petitioner point blank in the chest," read the petition filed by advocate Vicky Mehta and being argued by senior advocate Yatin Oza.

The petitioner claims that "seeing his son being shot in cold blood" the father also got angry and "as he came to see his child, he was also shot dead. No doubt, there are many offences registered against the father of the petitioner herein i.e Hanifkhan. However, this will not give an automatic licence to the respondent number 5 to 11 to carry out a fake encounter."

On the other hand, the police had claimed in the FIR that Hanifkhan aged 44 years old, while his son Madeen, aged 18, were shot while they were trying to escape the police team. Police claimed that they had to resort to firing after Hanif shot at the police team to resist his arrest and was being assisted by his son and others.

Hanif was wanted in Gujarat Control of Terrorism and Organized Crime (GUJCTOC) Act for his involvement in several criminal cases of loot and theft. He was part of the Gedia gang and was named in 86 FIRs and wanted in 59 cases, police stated in its report.

Police had claimed that a seven-member police team led by Jadeja had gone to the village to nab Hanif based on a specific information. Jadeja reportedly fired in self defence after being shot at and hit by a sharp weapon by Hanif's son. One of the bullets hit Hanif in his chest while another one hit his son Madeen.

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