Chief Judicial Magistrate Sushil Kumari asked the Hazratganj Police to lodge an FIR over the alleged encounter death of 40-year-old history-sheeter Girdhari Vishwakarma alias Kanhaiya alias Doctor on 15th February.
He was gunned down in Gomti Nagar after an alleged gunfight with the policemen while trying to escape from their custody. He was sent to police custody after his arrest on an order passed by CJM herself.
The Court further added “There are clear guidelines of the Supreme Court that in a case of a police encounter, an FIR should be registered and the entire incident be probed to find out the truth. It is a matter of investigation as to whether the police team shot Giridhari in self-defence or the team exceeded its power of self-defence.”
The Court gave the order taking note of the presence of Deputy Commissioner of Police, Sanjeev Suman, and Vibhuti Khand police station in-charge, Chandra Shekhar Singh, at the spot of the encounter.
It also mentioned that even though two FIRs were filed over Girdhari’s bid to escape the police custody and opening of fire by him on the police, no FIR was registered to investigate the incident of his death.
CJM Kumari ordered the investigation on a plea by advocate Sarvjeet Yadav made under section 156(3) of the Criminal Procedure Code who was previously Girdhari’s defence counsel. In his application, he alleged that Girdhari was murdered and false documents were planted to suppress evidence in the case under a well-planned conspiracy by SHO Chandra Shekhar Singh and other policemen.
Lucknow Police Commissioner D.K. Thakur responded that three policemen were injured as well in the incident resulting in the alleged encounter death of Girdhari.
Police Commissioner D K Thakur had said Sub-Inspector Akhtar Usmani got injuries on his nose, a bullet touched the right arm of Sub-Inspector Anil Singh, while another bullet hit the bullet-proof jacket of Inspector Chandra Shekhar Singh, in the incident.
Joint Commissioner of Police (Crime) Nilabja Choudhury issued a statement recalling the entire incident “Around 3.00 a.mGiridhari Vishwakarma was taken to Kharagpur crossing along with the weapon used in the crime. When sub-inspector Akhtar Usmani was getting down from the vehicle with him, the accused hit him on his nose. The officer fell on the ground and the accused snatched his pistol and started running.”
The sub-inspector followed him but Giridhari hid behind bushes and started firing. In retaliatory firing, a bullet hit the accused and he fell down. The accused was taken to the Ram Manohar Lohia Hospital where he succumbed during treatment.”
The incident was reported to the police control room and a team of Deputy Commissioner of Police (East) reached the spot.