Probe gives clean chit to police in ‘SIMI encounter’

Eight undertrials were killed in the incident in October 2016

BHOPAL: A judicial commission report on the alleged encounter killing of eight undertrials, all reportedly SIMI operatives, after they escaped from the Bhopal Central Jail in 2016 has given a clean chit to the police personnel involved.

However, it has found fault with the jail personnel for their negligence leading to the escape of the undertrials.

The eight men were killed in an encounter at village Manikhedi Kot Pathar on the outskirts of Bhopal within 8 hours of their escape from the prison on the intervening night of October 30 and 31, 2016.

Those who were killed in the encounter include Mohd Saliq, Zakir Hussain, Amjad Khan, Mehboob Guddu, Mohd Aqeel Khilji, Mujeeb Sheikh, Mohammad Khalid Ahmad and Abdul Majid.

The report submitted to the state government on August 24, 2017 by justice (retd) SK Pandey who headed the one-man commission was tabled in the state assembly on the first day of the monsoon session on Monday.

“The encounter on 31st October, 2016 done by police was reasonable under the prevailing circumstances. The action of police was in consonance of the provision of law under sections 41 and 46 (2) (3) of the CrPC. The use of force resulting in death of the escaped persons was quite inevi- table and quite reasonable under the prevailing circumstances,” said the report.

Referring to the alleged negligence of jail personnel and special armed force (SAF) jawans, the report said the jail department has prima facie named 10 people as those responsible for the incident.

Departmental inquiries have been initiated against these personnel and jawans.

The commission has recommended that the state government appoint a committee to examine security measures in jails to prevent such incidents and training of jail personnel.

The Opposition Congress has dismissed the report. Opposition leaders alleged the state government was trying to hush up the matter.

Leader of the opposition in the state assembly, Ajay Singh, said the report was on expected lines.

“The government has been giving clean chits to the police in every incident whether it be the Mandsaur police firing which killed five farmers or those killed in the police encounter on October 31. We will raise the issue in the assembly.” Family members of some of the deceased said the report was biased and they would move the high court or Supreme Court challenging it.

Khalil Chauhan, brother of Mohd Aqeel Khilji, said,” We were expecting it as the government was acting in a biased manner from the very first day. We will move the Supreme Court against it.”

Salman Khan, brother of deceased Amjad Khan said, “I am yet to see the report. I am unable to understand what to say. The Almighty will give us justice.”

Responding to the charges, minister for jails Antar Singh Arya said the judicial commission had done its job well and the government will look into its recommendations, he added.