By Mumtaz Alam Falahi, TwoCircles.net,
New Delhi: On the order of the National Human Rights Commission, the Andhra Pradesh government yesterday handed over a check of Rs 3 lakh to the father of Muhammad Shafi who was killed in a police encounter in 2003 in Zaheerabad of Medak district in Andhra Pradesh.
Rejecting the police version about the shootout, the NHRC has also ordered an enquiry by CBCID into the encounter that took place in the interim night of 20-21 May in 2003.
According to the police the deceased had entered a confectionary-cum-Kirana General Store near Ambedkar Statue in Zaheerabad area by removing the roof sheets. When the police got the information a patrolling police party rushed to the spot. The shop was found locked from outside. Sub-Inspector P. Sridhar Reddy unlocked the shop and entered with Constable N. Gopal. SI had a loaded service pistol and Constable .303 rifle. The deceased allegedly snatched from the Constable his rifle and pointed it towards him. The SI warned the deceased to handover the rifle and surrender himself but he did not do so and rather put his fingers on the trigger. Only then SI opened fire with his service revolver in self defence and fired four rounds resulting in the death of Mohd Shafi.
The magisterial enquiry concluded that SI had opened fire in self defence but NHRC rejected police story and magisterial enquiry.
“The report of the SP and magisterial enquiry report were considered by the Commission in the proceedings dated 24.8.2008 and observed that in the facts and circumstances of the case, the story put forth by the police seemed to have been woven just to show the killing as a genuine encounter,” says a letter dated 4.10.2008 by Assistant Registrar (Law) of NHRC sent to the Chief Secretary of Andhra Pradesh Government.
The Commission also observed that the force used was excessive as the SI pumped four bullets in the body of the deceased at vital parts. “The Commission rejected the MER and ordered issuance of show cause notice u/s 18 (a) (i) of the Protection of Human Rights Act, 1993 to the Chief Secretary, Government of Andhra Pradesh. The Chief Secretary was further directed to get registered a criminal case against SI P. Sridhar Reddy and Constable N. Gopal and get the case investigated by CBCID,” says the NHRC letter on the complaint from Lateef Mohammed Khan of Civil Liberties Monitoring Committee (CLMC) of Hyderabad.
The state government had paid an ex-gratia amount of Rs 20,000 to the family of the deceased. The NHRC had recommended the government to pay his family Rs 2,80,000 more.
The CLMC played a key role in bringing the matter to the natural conclusion. “Due to the continuous efforts of CLMC, the National Human Rights Commission (NHRC) has passed the order to register the criminal case against Police officers involved in encounter killing of a Muslim youth in the year 2003 in Zaheerabad of A.P. and get investigated by CBCID. NHRC also instructed the Govt. of A.P. to pay the compensation of Rs 3 lakh to the family of Mohd Shafi (who was the native of Hyderabad and residing at Pahadi Meer Momin in old city area) who was killed in a fake encounter in the name of thief/dacoit,” says a statement from CLMC.
CLMC says that case u/s 302 has been registered against the two policemen and CBCID is conducting investigation, and the people of Zaheerabad have come forward and recorded their statements orally and submitted in writing also. The Tahseeldar of Zaheerabad yesterday handed over the check of Rs 3 lakh to the father of Mohd Shafi, who is working as a waiter in a small hotel in old city of Hyderabad.