Summary of the Case

Victim (Chanderjeet Kumar) was charged in a murder case, but he was juvenile at the time of commission of crime. Police didn't accepted him as juvenile and tried him as an Adult and convicted him for Life Imprisonment.

Meanwhile, the Chanderjeet Kumar appealed to Delhi High Court against the order of the Session Court rejecting his application to be tried as Juvenile.

Chanderjeet Kumar was granted 4 days Parole on 27.04.2017.

After being released on Parole, he visited his wife in his village and found that his wife is not well and his house is in a very dilapidated condition. He didn't had the enough money to hire any labourer. So he decided to repair the house by his own efforts. The whole episode took around 75 days. As a result by time he repaired his house and got his wife treated, he had already jumped the parole for around 75 days. He came back to Delhi with the intention to surrender before the court, but he was very confused and scared about what punishment will he get and what are the procedure to surrender to jail after jumping parole.

In the meantime, he got a call from one of his old friend Dev Narayan Sharma @ Devan. He shared his problem with Devan. Devan said he knew some police officers in Delhi Police and he will talk to them and make him meet with them. Those policemen will make him surrender to jail safely. Devan asked him to meet him at Old Delhi Railway Staion Platform No. 2 at around 5 pm on 20.07.2015.

 

The moment Chanderjeet Kumar reached the Platform No. 2 on 20.07.2015, some policeman met him and took him with them. The policemen kept him with them for 13 days and kept on promising that they will surrender him before the jail in some time.

The Police Officers, meanwhile cooked a Plan. They thought that Chanderjeet Kumar has already been punished for Life Imprisonment, so if some more other charges are levelled against him nothing will make difference to him. So, they fabricated a story that if they show that they caught Chanderjeet Kumar in an encounter they might get some reward, promotion, good appraisals, etc. They proceeded with their plan. First they made an 1 lakh Award declared on the name of Chanderjeet to project him as a Dreaded Criminal. Then, they hanged one bulletproof jacket on the wall of the Police Station and fired one bullet shot on the jacket. The same jacket was shown in the FIR and subsequent chargesheet that the Inspector- the team leader of Encounter Team, was wearing that, and bullet was fired by Chanderjeet Kumar on him during encounter near Pragati Power Station. The fact of the matter is that Chanderjeet Kumar was never taken to the spot/location of alleged encounter. This is why, Police Officers didn't clicked any single photograph of the scene despite clear guidelines of Supreme Court in PUCL versus State of Maharashtra. The police planted one motorcycle which stolen at some previous date into the story to make the encounter look like a real one.

The Police charged Chanderjeet under Attempt to Murder sections as a result of the Fake Encounter. The Encounter Team in the alleged encounter comprised of policemen from Crime Branch, Daryaganj, Police Station, led by a Police Officer of Inspector Rank. The subordinate from that Police Station of the Inspector involved in alleged encounter, was made Investigating Officer in the Case, which is again a clear violation of the guidelines of the Supreme Court in PUCL versus State of Maharashtra.

Chanderjeet protested the false charges before the trial Courts, but didn't pressed too much, because he had given up all hopes as he was already serving a Life Imprisonment.

The climax to the whole story, came from the bench of the Justice Geeta Mittal on 20th September, 2016. Honeble High Court, allowed the application of Chanderjeet regarding he being Juvenile at the time of commission of the crime. The High Court directed immedidate release of Chanderjeet, as he has already undergone more than the highest punishment prescribed in the Juvenile Justice Act.

Now, the only case pending against the Chanderjeet Kumar was the attempt to murder case charged in the Fake Encounter Story of the Policemen.

From September, 2016 onward, Chanderjeet had not enough money to pay fee for any advocate, so his plight was heard by none.

In Oct, 2017, Chanderjeet Kumar, came to know about a young but dynamic Advocate who had helped one of his in-mates in Tihar Jail to get justice. That advocate does all matters involving violation of Human Rights as Pro-Bono case. Chanderjeet contacted that Advocate and told his story. The Advocate agreed to take his case without any fee. From October, 2017 onwards that young Advocate is looking after his case at Trial Court in Patiala House. When the new Advocate started cross-examining the policemen in trial, fearing that the story of the fake encounter might get exposed, they stopped appearing as witness in court and hence trial became very slow. The Fact is inspite of around 30 dates, only 6 out of 15 police witnesses have been examined in last 30 months. There is no independent witness in the fake encounter case, only police witnesses are there.

The father of Chanderjeet Kumar in December, 2017, wrote to the Commissioner of Police, Delhi Police, requesting investigation into the case of Fake Encounter, but no step was taken by the police. Hence, in February, 2018, the father of Chanderjeet through the young advocate, filed a Writ Petition in Delhi High court requesting an investigation into the matter by an Independent Investigating Agency(CBI) against the concerned police persons.

Delhi High Court has directed the Respondents to file Status Report in the matter within 4 weeks time from today.

 

 
 

News Report regarding Writ Petitioner(Criminal) No. 565 of 2018, Delhi High Court.

Date of Listing: 21/02/2018(Wednesday).

Court: Court No. 36 In the Court of Justice Ms. Indermeet Kaur, Delhi High Court. Item No. 17.

Argument in the Case was started by Apprising the Facts of the Case by the Young Counsel of the Petitioner Advocate Rajesh Kumar, who has filed this case and appearing in the case as Pro Bono Advocate. Counsel for the Petitioner while closing his argument prayed to the court to Order Investigation in alleged offence by an Independent Investigating Agency, CBI. The Petitioner is a poor person and hence cant affort pursuing a Private Complaint Case before magistrate, and Magistrate has no power order CBI to investigate.

The Senior Counsels appearing for the Respondents contended that no investigation into the matter should be directed as they are demanding the investigation after a delay of about 30 months of the alleged offence.

The Court disagreeing with the bunch of counsels appearing for the Respondents directed that Status Report into the matter be filed within 4 weeks from today. Counsel for the Respondents agreed to the dictate of the court and also additionally mentioned that no separate notice need to be issued to them and they take oral notice of the court to file the Reply and Status Report within 4 weeks from today.

Matter got adjourned to 23rd April, 2018.

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