KIRAN SINGH vs NATIONAL HUMAN RIGHTS COMMISSION & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13th December, 2024 Date of decision:28th January, 2025 + W.P.(CRL) 2475/2015 & CRL.M.A. 33269/2024 KIRAN SINGH .....Petitioner Through: Mr. Saurabh Prakash, Mr. Utsav Jain and Mr. Anant Aditya Patro Advs. versus NATIONAL HUMAN RIGHTS COMMISSION & ORS. .....Respondents Through: Mr. Dayan Krishnan, Sr. Adv. with Mr. Rajesh Mahajan, SPP for R-3 with Insp. Chandan, Anil Soni for MHA CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. Background 2. The present case relates to an alleged fake encounter by the Special Cell of the Delhi Police that took place on the night of 5th May, 2006, where five members of the Ayub/Aslam gang died and the 6th member is stated to have escaped into the darkness. It is averred that the gang was involved in more than 70 cases of murder, attempt to murder, dacoity, robbery, rape etc. The name of the five members are Ayub, Sanjay, Shehzad/Babu, Aslam and Manoj. Signature Not Verified W.P.(CRL) 2475/2015 Page 1 of 76 Digitally Signed By:DHIRENDER KUMAR Signing Date:28.01.2025 20:01:51 Brief Facts 3. The present petition has been filed by the Petitioner-Kiran Singh, father of Late Manoj, who lost his life in the alleged fake encounter. According to the petition, the deceased Manoj used to run a provision store called M K Provisions Store which is now being run by the Petitioner. It is claimed that he did not have prior criminal antecedents. He was made accused in two FIRs i.e., FIR No.70/2002 PS Farsh Bazar u/s 397/34 IPC and FIR No.160/2002 PS Shahdara u/s 395/34 IPC. According to the petition, in both these cases he was acquitted. 4. The deceased Manoj who was a resident of Meerut, was 31 years of age in t