Did not order formation of SIT: Bombay High Court

The Bombay high court on Monday lashed out against the Maharashtra government for not clarifying facts regarding the formation of a Special Investigation Team (SIT) to probe the alleged fake encounter of gangster Sandeep Gadoli. The high court made it clear that it had not ordered the formation of the SIT, but the state government, on its own, informed the court that it had formed the SIT. The high court expressed its displeasure that the SC was given an impression that high court had directed the formation of the SIT.

Following the Haryana police’s petition, the Supreme Court, on February 17, had ruled that there was no need for an FIR against Haryana police officials for killing Gadoli in an encounter in a Mumbai hotel on February 7. The SC stayed the formation of SIT and also the HC’s order to register an FIR against Haryana police. The apex court has asked the high court to give a hearing to the Gurgaon police first by making them party to the petition.

A division bench of Justices Ranjit More and V.L. Achilya said the Maharashtra government had on its own told the high court that it would form an SIT.

“The apex court was under the impression that the high court had directed formation of SIT, which is not right,” the bench said. “Why were the facts not disclosed to the Supreme Court when all the parties, including the Maharashtra government, were present in the apex court ” the judges said.

Gadoli’s brother Kuldeep had earlier filed a petition alleging that Gurgaon police killed his brother in a fake encounter and demanded an FIR against it. His second petition, heard on Monday, seeks a fresh post-mortem of his brother’s body.

The high court on Monday served notices to all the parties and adjourned the hearing to March 16.

The present petition of Gadoli’s brother claims that the post-mortem report of JJ Hospital has ignored several post-death injuries on the body. Kuldeep has also sought an examination of call data records of the Gurgaon police officers and a woman who was with Sandeep at the time of the encounter.