Appoint SIT to probe 2014 Beed encounter killing: HC

AURANGABAD: The Aurangabad bench of the Bombay high court recently asked the director general of police to appoint a special investigation team (SIT) to conduct a fresh probe into the encounter killing of Sham Athwale, a disabled man on police record, in December 2014.

The court has directed that the SIT be headed by an IPS officer of the rank of superintendent of police (SP) be formed within two months.

The high court has pronounced the order on April 29, 2019.

Athwale’s sister Aruna (45) had approached the HC through lawyer R S Shinde seeking direction for transfer of the investigation to Central Bureau of Investigation (CBI) or SIT. She had also sought registration of offences and arrest of the policemen involved in the encounter. The high court has put onus on the SIT to take a call on these prayers.

The petitioner pointed out to the court that her brother had 40% disability in a leg. Due to the disability, he was unable to walk without the aid of a stick. On December 14, 2014, he and his relatives were on their way to Ahmednagar from Beed in a car. The vehicle developed a snag and had to be parked at a road side near Dhondrai village on Umapur road, she said in the petition.

The petition claims that Sham and his relative Mahesh were engrossed in a chat when a police team surrounded the car. Two cops allegedly caught hold of Sham and one policeman shot him.

She said in the petition that she immediately lodged a complaint with the Beed SP the next day but the police insisted it was an encounter. She then approached the National Human Rights Commission and the court of Judicial Magistrate First class, Georai, who directed the police to investigate the matter. A sub-divisional officer conducted an investigation. However, the petitioner approached the HC fearing a cover-up by the police.

The bench comprising Justices S S Shinde and R G Avachat observed “admittedly, Sham Athwale was killed in police action. There is record to indicate the deceased to have suffered 40% disability in his leg. The deceased along with others was on his way from Beed to Ahmednagar in car. It appears that the deceased had criminal antecedents.’’

The bench observed “We have perused the papers of investigation. We refrain from entering upon the details thereof, as it may prejudice any of the parties to this petition. Since the accusations were directed against the local police, it would be appropriate in the interest of justice, to entrust investigation to an independent agency like Crime Investigation Department or SIT.”