Sushree Mohanty
The Lucknow bench of the Allahabad High Court has ruled that an instance of murder will not be filed against police officials and personnel associated with the Girdhari Vishwakarma encounter case.
The court has additionally passed a stay order on the verdict of a lower court deciding that had directed the documenting of a murder case till its next hearing.
The said order was passed by Justice Dinesh Kumar Singh in light of a review petition forwarded by the Uttar Pradesh Government.
The review petition was registered under the provision of section 397 read with Section 401 of Code of Criminal Procedure (CrPC) against the request, that was passed by Chief Judicial Magistrate, Lucknow Case under Section 156(3) CrPC.
The Magistrate, in its hearing, notified the Station House Officer (SHO) Hazratganj, Lucknow to file a case under appropriate sections against Deputy Commissioner of Police Sanjeev Suman, Chandrashekhar Singh, another police workforce regarding the case wherein the Girdhari Vishwakarma was murdered.
Advocate Vinod Shahi presented that the request passed by the Magistrate is in contradiction to the verdict passed by the Supreme Court in the matter between Anil Kumar and others. v. M.K. Aiyappa and the case of T.T. Antony versus. Province of Kerala and others.
It was additionally contended that the supposed offense has been committed by the officers while they were under the obligation of public duty and without prior permission from the competent authority as per Section 156(3) of Code of Criminal Procedure, the orders could not have been passed according to the law set down in the previously mentioned verdict of the Supreme Court.
It was also submitted that the report filed by the concerned police headquarters proved the fact that the deceased had attempted to flee from captivity and had stolen a police gun to threaten the officials.
It was argued that the deceased shot a bullet at Chandrashekhar Singh, SHO, Police Station Vibhuti Khand on his chest, however he could escape the injury as he was wearing a bulletproof vest.
Shahi contended that another police personnel incurred injuries from firing by Vishwakarma and while defending the attack, he too was hit by bullets following which he was immobilized.
The officials took him to Ram Manohar Lohia Institute of Medical Sciences, Gomti Nagar, Lucknow for treatment where Vishwakarma succumbed to his injuries.
While taking into account the submissions and associated evidence, the Hon’ble High Court passed a stay order on the verdict delivered till additional orders.
The Court listed the matter for additional hearing.
