By RINA,
New Delhi: While petitioners and Muslim groups have expressed disappointment and dismay at the Supreme Court order rejecting any probe into Batla House encounter, apex court lawyer Mushtaq Ahmad said now the police case filed in the court against the encounter victims and other youths should be sincerely followed as there may crop up occasions during the court proceeding requiring inquiry into the encounter.
A Supreme Court bench headed by Chief Justice K. G. Balakrishnan yesterday turned down rights group Anhad’s plea for probe into the September 19, 2008 encounter, saying “It will diminish police morale.” Anhad had requested the court to order judicial inquiry into Batla House encounter case in order to bring out the truth.
A Delhi police officer Mohan Chand Sharma, besides two alleged suspected terrorists, were killed in the police counter in House No. L-18 in Batla House area of Jamia Nagar. Local people believe this was a fake encounter. Perhaps this was first case in the country in which Muslim community and several NGOs expressed dissatisfaction and demanded honest inquiry. Last attempt by the government was a so-called ‘inquiry’ by National Human Right Commission which, people believe, was mere an eyewash because it considered only police version.
“Our last hope has also vanished”, Anhad convener Shabnam Hashimi and Supreme Court advocate Prashant Bhushan, also Anhad’s counsel in the case, said. Anhad told the court that a large number of members of a community have lost their faith and confidence because of Batla House encounter case. But the court resented raising the issue on behalf of a particular community. High Court had vacated Anhad’s application regarding the issue earlier.
But optimists have not lost the hope. Supreme Court advocate, Mr. Mushtaq Ahmad says, “There are two ways remaining now: One is to build pressure on the government.” Sources claim that government was ready to for judicial inquiry before last general elections and a retired S. C. judge had been contacted for the exercise. But others say it was an election gimmick.
“The other way is to sincerely follow the case filed by police as there may crop up occasions requiring inquiry into the encounter.” The idea seems logical and promising but Mr. Mushtaq himself has revealed, “Considering the feebleness of the case filed by Real Cause, another NGO, we had talked to several organizations and leading personalities to file more applications else it could be turned down but none came forward in spite of our insistence.”