'Fake' Encounters : Supreme Court To Consider Gujarat Govt's Objection To Sharing Records With Petitioners

In a case wherein the Supreme Court is monitoring 22 alleged 'fake encounters' conducted by the Gujarat Police between 2002 and 2007, it indicated, on Monday, that it would consider the reservation expressed by the State of Gujarat in sharing records of three encounters with the petitioners. Mr. Mehta argued that the petitioners being strangers with oblique motive should not be given access to these documents - “These two petitions are people staying in other states, they have identified a particular period, have identified some encounters…They are not concerned with encounters in other States…There is a serious doubt regarding the locus and the motive behind the petition.” Justice Kaul asked the Solicitor General, “Who appointed the enquiry?” Mr Mehta responded that the limited issue is with respect to the locus of the petitions which he is inclined to assail. What is the stand?” Mr. Mehta responded, “We have something to say on the report.” Justice Kaul stated, “I am taking that you are opposing the implementation of the report.” Mr. Rohatgi submitted, “So am I.” The Solicitor General implored the Bench to hear the parties on the issue of locus at the very threshold. That would be a relevant consideration for sharing the record.” Advocate, Mr. Prashant Bhushan appearing for one of the petitioners submitted that there in its judgment in PUCL v. State of Maharashtra, the Apex Court had laid down guidelines as to what is to be done in cases of killing in police encounters.