The Bombay High Court on Monday pulled up Maharashtra government and others for not clarifying before the Supreme Court that the High Court had not ordered formation of a special investigation team to probe the alleged encounter death of Gurgaon resident Sandeep Gadoli in Mumbai.
A division bench of Justices Ranjit More and V L Achilya said Maharashtra government had on its own told the High Court that it would form an SIT.
Gadoli's brother Kuldeep had earlier filed a petition alleging that Gurgaon police killed his brother in a fake encounter and demanding an FIR against them. His second petition, heard today, seeks fresh autopsy of his brother's body.
"The apex court was under the impression that the High Court had directed formation of SIT, which is not right," the bench said. "Why the facts were not disclosed to the Supreme Court when all the parties, including Maharashtra government, were present in the apex court?" the judges said.
The Supreme Court had last week stayed the Bombay High Court order asking the Mumbai police to register FIR against the Gurgaon police. The apex court asked the HC to give a hearing to Gurgaon police first by making them party to the petition.
Gadoli was killed in an alleged encounter by a team of Gurgaon police at a hotel in Mumbai on February 7. The HC on Monday served notices to all the parties and adjourned the hearing to March 16.
The present petition of Gadoli's brother claims that the autopsy report of J J Hospital has ignored several post-death injuries on the body. Kuldeep has also sought examination of call data records of the Gurgaon police officers and a woman who was with Sandeep at the time of the encounter.