Supreme Court imposes ₹7 lakh costs on Uttar Pradesh in case on 19-year-old encounter killing

The Supreme Court on Thursday imposed interim costs of ₹ 7 lakh on State of Uttar Pradesh in connection with a 19-year-old encounter killing case, while deprecating the State for its attempt to shield its own police officers.

. The Bench of Justices Vineet Saran and Aniruddha Bose said that the laxity with which the State has proceeded in the matter revealed how the State machinery was protecting its Uttar Pradesh (UP) police officials.

"The petitioner, who is the father of the deceased who was killed in an alleged encounter by the police, has been running from pillar to post from the last 19 years. The laxity with which State has proceeded in the present case speaks volumes of how State machinery is defending or protecting its own police officers," the order said.

The Court, therefore, proceeded to direct the State government to deposit ₹7 lakh with the Court registry which the petitioner will be entitled to withdraw.

. The case dates back to 2002 when a person was killed in encounter by the UP police. Thereafter a closure report by filed by the police in 2005 dismissing charges against its own officers. The trial court rejected the closure report but no arrests were made despite the same.

This position continued even after Allahabad High Court dismissed writ petitions and Section 482 pleas by the accused.

Though orders were passed by the trial court in 2018 and 2019 to stop the payment of salary to the accused police officers, the order was not complied with. Thereafter, it was noted that the fourth accused who was absconding was even paid all his retiral dues upon his retirement in 2019.

It was after Supreme Court intervened in September 1, 2021 that two arrests were made and one accused surrendered.

"It is noteworthy that it was only after notices were issued by this Court in this writ petition on September 1, 2021 that the State machinery geared up in action and have arrested two of the accused persons after 19 years and one accused has surrendered. As regards fourth accused, it is stated that he is still absconding," the Supreme Court noted.

. The apex court said that it is normally slow in entertaining petitions directly filed directly before it under Article 32 but the extraordinary circumstances of this case have compelled it to do so in order to secure justice.

" Considering the facts of the case as narrated above, and keeping in view the totality of the circumstances and the sufferings which the petitioner has undergone, we direct that the State of Uttar Pradesh to deposit a sum of Rs.7 lakhs with the Registry of this Court towards interim costs within one week from today. On such deposit being made, the petitioner, who is father of the deceased, shall be entitled to withdraw the same ," the Court directed.

. Additional Advocate General Garima Prasad assured the Xourt that State will find out why steps were not take in this matter for so many years.

The case will be heard next on October 20, 2021.

. [Read Order]

Supreme Court imposes ₹7 lakh costs on Uttar Pradesh in case on 19-year-old encounter killing

Debayan Roy

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