Why no CBI probe in Bhopal encounter, SC asks Centre, MP

The apex Court has asked Centre and the Madhya Pradesh government to explain as to why a Central Bureau of Investigation (CBI) probe was not ordered into the controversial Bhopal encounter in which at least eight Students Islamic Movement of India (SIMI) activists were killed by the police following a jail break in October last year.

The Supreme Court issued notices to Centre, Madhya Pradesh government and the CBI on Tuesday, in response to a special leave petition filed by Mehmooda Mohammed Salim Mucchhale, demanding an independent investigation into the alleged fake encounter. The petition challenged a judgment passed by Madhya Pradesh High Court wherein the petition had been dismissed in February this year in view of rejection of similar prayers by a lower court.

Maintaining that when a police encounter occurs, it’s important that a complaint is registered, the evidence preserved and an independent probe is conducted, the petition has contended that the investigation till date had been conducted by a one-man commission, which neither afforded the family members of those killed an opportunity to be heard, nor permitted them to cross-examine witnesses.

Describing the probe by the one-man commission a ‘sham’, the petition poses following important legal questions:

• Whether the High Court has erred in not considering that the one-man commission has not permitted the petitioner and other relatives of the deceased to participate in the proceeding or to cross-examine the version of the police official
• Whether in the facts and circumstances of the present case, the guidelines and directives issued by the Apex Court in the case of PUCL Vs. State of Maharashtra & Ors (2014) 10 SCC 635 were properly followed or not. Supreme Court clearly stated that these guidelines have to be followed in all police encounter cases
• Whether the promotion and instant rewards given by the state government to the police officials involved in the said encounter are against the spirit and directions of Supreme Court judgment in the case of PUCL Vs. State of Maharashtra and other (2014) 10 SCC 635
• Whether it is important that a complaint is registered after a police encounter; the evidence is preserved; an independent and fair investigation takes place; victims are informed
• Whether there is complete bar not to entertain a petition seeking directions including similar directions which were earlier sought and if that petition can be rejected on the ground that a one-man commission under the Commission of Inquiry Act has been appointed
• Whether the facts and circumstances of the present case of killings in the police encounter require independent investigation
• Whether the High Court ought not to have examined the case on its merits when there is serious violation of the directives and guideline issued by Supreme Court in the case of PUCL Vs. State of Maharashtra and other (2014) 10 SCC 635
• Whether the one-man commission can refuse to take into account the documents and other electronic evidence placed before the commission by the petitioner
• Whether the commission has carried out a fair and impartial investigation since it submitted its report without hearing the relatives and their witnesses?