SG Tushar Mehta, showing for Centre, stated court docket should contemplate ‘whether or not there have been any policemen concerned within the offence or if there was any dereliction of responsibility’
New Delhi: The Supreme Court on Thursday requested the Maharashtra authorities to apprise it of the inquiry and motion taken towards the errant police personnel within the alleged lynching of three individuals, together with two seers, in Palghar district in April.
A bench headed by Justice Ashok Bhushan and R Subhash Reddy requested the state authorities to additionally file the cost sheet earlier than it, saying it want to look at them.
“A further affidavit dated 29 July, 2020 has been filed by the State of Maharashtra which mentions in paragraph 3 that two chargesheets have been filed in July 2020. Let the State bring the charge sheets on record,” the bench stated.
The high court docket added, “It has further been stated that a departmental enquiry against the police personnel was ordered and show-cause notices have been issued. Let details of the enquiry, including the action taken against the police personnel as well as enquiry report, are also brought on the record.”
The bench requested Maharashtra to file an affidavit and posted the matter after three weeks.
The bench was listening to a batch of petitions together with the one filed by members of ‘Shri Panch Dashban Juna Akhara‘ and relations of the deceased seers.
During the listening to, Solicitor General Tushar Mehta, showing for the Centre, stated the media reviews recommend that the chargesheets filed within the case comprised greater than 10,000 pages.
He stated it must be thought-about by the court docket as as to whether there have been any policemen concerned within the offence or was there any dereliction of responsibility calling for disciplinary motion.
Counsel showing for one of many petitioners stated that the “two seers were virtually handed over to the mob and it was a massacre”.
Advocates Rahul Chitnis and Sachin Patil, showing for the Maharashtra authorities, advised the highest court docket that two chargesheets have been filed within the alleged lynching case.
Chitnis stated the third chargesheet will probably be filed by subsequent Monday regarding assault on policemen after they went to arrest the accused individuals.
He stated this case was in a roundabout way associated to the alleged lynching incident.
Mehta prompt that the third chargesheet needs to be filed earlier than the highest court docket as properly and the court docket ought to resolve whether or not it is related or not.
Advocate Shashank Shekhar Jha, showing in-person, stated that except the Centre appears into the matter, seers will proceed to be killed in Maharashtra and NIA ought to examine the matter.
He stated the incident occurred in April and now it is August, however nonetheless no motion has been taken towards any policeman.
The three victims from Kandivali in Mumbai had been travelling in a automobile to attend a funeral at Surat in Gujarat amid the COVID-19 nationwide lockdown when their car was stopped and so they had been attacked and killed by a mob in Gadchinchile village on the night time of 16 April within the presence of police.
The victims had been recognized as Chikne Maharaj Kalpavrukshagiri, 70, Sushil Giri Maharaj, 35, and Nilesh Telgade, 30, who was driving the car.
The state authorities in its affidavit filed within the high court docket by Assistant Inspector General of Police (Law and order) stated that investigation of the incident was carried out by the district police as much as 20 April.
It stated that contemplating the seriousness of the incident, variety of accused concerned and in an effort to preserve full equity, independence and transparency within the investigation, the case was transferred to the specialised unit of State Criminal Investigation Department with impact from 20 April.
The affidavit stated two chargesheets had been filed within the instances by the CID on 15 July, through which 126 individuals every had been made as accused.
“A departmental enquiry was ordered against the police personnel, who have been prima-facie found negligent and derelict in the performance of their duties in handling the incident and preventing the commission of crime at and around the time of incident,” it stated.
The affidavit stated that after completion of the departmental inquiry towards the delinquent police personnel, Special Inspector General of Police, Konkan vary has issued present trigger discover to 6 police personnel out of which 5 are suspended.
It stated that after receipt of replies from the suspended police personnel to the present trigger discover, additional motion will probably be taken towards them.
On 11 June, the highest court docket had sought a response from the state authorities on two petitions in search of separate probes by the CBI and the NIA into the alleged lynching.
The plea filed by members of ‘Shri Panch Dashban Juna Akhara‘ and relations of the deceased seers has alleged that the investigation by the state police was being performed in a biased method and sought switch of the probe to CBI.
“Several video clippings have emerged on social media and news reports which very clearly demonstrate the active involvement of the police present, who can be seen handing over the three persons to the unlawful assembly of persons gathered,” the plea has claimed.
The different pleas, in search of probe by central companies into the incident, has been filed by Ghanshyam Upadhyay and Shashank Shekhar Jha.
The high court docket had on 1 May, directed the Maharashtra authorities to submit a standing report on the investigation within the matter. The police has arrested over 100 individuals in reference to the case.
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