The Supreme Court today set aside the Bombay High Court’s order for the registration of an FIR against the Haryana cops allegedly involved in the encounter of gangster Sandeep Gadoli at the Airport Metro hotel.
A bench of justices
V Gopala Gowda and Arun Mishra allowed the appeal of the Haryana government on the issue. Haryana’s plea was put forth by Attorney General Mukul Rohatgi.
The HC had on February 15 directed the Mumbai police to register an FIR on the alleged encounter by the Gurgaon police at the Andheri hotel on February 7.
The Haryana government said the HC had passed the order without even making the concerned police officials party to the plea filed by the brother of the slain gangster. It further alleged that the order was “ex-parte, illegal and erroneous” and ordered the FIR merely on the basis of a consensual statement given by the public prosecutor of Mumbai.
It said the Haryana cops were only discharging their official duties at the time of the aforesaid incident and carrying out a meticulous operation which lasted for almost 48 hours to nab a notorious gangster which can be verified and cannot be said to be a “fake encounter”.
“The said gangster was presently wanted in eight FIRs registered for heinous crimes in Haryana alone, out of which in three FIRs, he was declared a proclaimed offender. There was a reward of R1 lakh on the head of the aforesaid gangster by Haryana Police,” the plea further said.
The application concluded that the registration of an FIR against the cops would be causing them undue harassment and embarrassment.
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