16 February,2016 08:17 AM IST | | Vinay Dalvi
Directives issued after the bench heard petition filed by Sandeep Gadoli’s elder brother claming the alleged encounter was premeditated, for which Gurgaon cops took R5 crore from Sandeep’s rival
Looks like the Gadoli encounter case is proving to be a major headache for the Gurgaon Police.
In the latest twist to the alleged fake encounter of Gurgaon-based gangster Sandeep Gadoli, who was shot dead by officers from Gurgaon Police nine days ago in Mumbai, the Bombay High Court yesterday ordered Mumbai Police to register a First Investigation Report (FIR) against the eight Gurgaon cops who carried out the encounter in Andheri on February 7. The directive was issued after the court heard a petition filed by Gadoli's family, alleging that the encounter was premeditated.
A bench of Justices Ranjit More and V L Achaliya heard the petition filed by Sandeep's elder brother Kuldeep, in which the latter alleged that the Gurgaon cops killed his brother at the behest of a rival don Binder Gujjar, presently lodged in jail, for which he paid them Rs 5 crore.
The family is likely to claim Sandeep's body today and fly back to Haryana to perform last rites.
Claiming foul play, the Gadolis had refused to claim the body for the past eight days.
Producing evidence
Representing the Gadolis, Advocate Tanveer Nizam showed the court a few photos (dated October 4, 2015) in which Sub-inspector Pradyuman Yadav of Gurgaon police is seen threatening Sandeep's family with a gun.
He is later seen destroying a CCTV camera unaware of the fact his actions were being recorded by another device. Nizam requested initiation of a magisterial inquiry under Section 176 (1) of the Code of Criminal Procedure (CrPc).
"We want a magisterial inquiry in this case," Nizam said, and also demanded that "bullets be sent for ballistic report, a proper autopsy, a dedicated team to investigate the matter, phones, computers and firearms of the (Gurgaon) policemen seized."
Rebuttal
Replying to demands made by the Gadolis, Special Public Prosecutor Sandeep Shinde said, "We have already formed a dedicated Special Investigation Team (SIT) under the guidance of the Mumbai Police Commissioner. The team comprises ACP Avadhut Chavan, the investigating officer, two police inspectors and two assistant police inspectors."
Shinde also told the bench that while they had seized two weapons belonging to Gurgaon cops, another firearm was handed over to them, which allegedly belongs to Sandeep. "We have also seized eight cellphones from the team of cops that visited Mumbai along with that of Divya Pahuja, who was with Sandeep at the time of the encounter," he said, adding, "The autopsy was videographed. While the bullets have been sent to a ballistic expert, firearms have been despatched to the forensic laboratory in Kalina for examination."
Meanwhile, Mumbai Police informed the court that they have recorded statements of 27 witnesses and would be recording statements of three more, including employees of Hotel Airport Metro, Marol.
Directives issued
After hearing both sides, the HC bench asked Mumbai Police to register an FIR against the eight Gurgaon cops and asked the SIT to inquire into the allegations levelled by the Gadolis and decide the further course of action. The FIR will be registered against ACP Rajesh Gujjar, Sub-inspector Pradyuman Yadav and six constables including Parmajit Singh and Vikram Singh, all part of the encounter team.