The Supreme Court has deferred hearing on an appeal filed by Sanjay Kumar Vishvakarma seeking directions to the State of Uttar Pradesh to register an FIR into the alleged ‘Fake Encounter Killing’ of one Girdhari Vishwakarma @doctor, and transfer the case to Independent investigating Agency like CBI or NIA.
A two-judge bench headed by Justice Indira Banerjee & Justice Hrishikesh Roy had on February 26, issued notice to the State of Uttar Pradesh.
The Court was hearing the appeal filed by a brother of deceased who was arrested by the Police due to his alleged involvement in the murder of one Ajit Singh, who was a history-sheeted at Aghota Chowk, Vibhuti Khand, Lucknow.
The Counsel appearing on behalf of the petitioner submitted that the deceased ‘Vishwakarma’ was firstly arrested by the Delhi Police in the murder case of Ajit Singh. Then he was handed over to the UP Police. It was alleged in the Petition that the Uttar Pradesh police took the deceased at the spot of the incident and later he was killed in the encounter.
Therefore, the Lawyers of Vishwakarma Prayed to the court that the matter be investigated by either the CBI, the NIA or a court monitored investigation be done under the supervision of Apex Court.
The Senior Counsel Siddharth Luthra Appearing for the State of Uttar Pradesh informed the Court that one brother Of Girdhari Vishwakarma namely Rakesh Vishwakarma has already filed a writ petition in the Allahabad High Court with the same prayers and also stated that the investigation has been already transferred from Lucknow Police to the Inspector General of Police of Faizabad zone and he also added that a Commission of Inquiry is also appointed by the state government which is to be headed by Retired Judge.
The further hearing of this matter will take place on 15th March 2021 and in the meanwhile bench headed by Justice Indira Banerjee directed the lawyers of Vishwakarma to withdraw the Writ petition filed in Allahabad High Court which was filed with same prayers as submitted to Supreme Court.
-India Legal Bureau