New Delhi: The Uttar Pradesh government
on Wednesday told the Supreme Court that a man named Mohd Saleem,
shot dead in an encounter by Mathura Police, had several
criminal cases pending against him and was not a "paralytic
patient" as claimed by his family.
State`s senior counsel Ratnakar Dash also told a vacation
bench that the body of Saleem was given to the family on May
16, which was buried by them in Mathura itself, and denied the
allegation that police was refusing to hand it over.
The apex court directed the state to file its reply in an
affidavit within three days and posted the matter for further
hearing to Monday.
The bench disagreed with the submission of counsel D K
Garg, appearing for Jhadmal, the father of the deceased, that
the killing needs to be probed by an independent agency like
the CBI on the lines of the Sohbrabuddin fake encounter case
Speaking for the bench, Justice C K Prasad said that the
two issues were different as in the Gujarat case it was
alleged that the entire top police brass was involved in the
killing whereas in the case of Saleem the allegations were
against only the SHO of Farha Police Station, Mathura.
Jhadmal, 71-year-old father of deceased, had earlier in a
petition alleged that his son was a "paralytic patient" and
was bumped off in a "fake encounter" by the Mathura police on
charges of robbing a vehicle.
He alleged that during the last two months, 20 such "fake
encounters" were carried by the SHO Farha, who he claimed, was
close to the Mayawati government.
The petitioner claimed that his 28-year-old son, a
resident of Rajasthan, met with a road accident on November
24, 2009 in Jaipur which totally paralysed the right side of
As the medical fraternity in Rajasthan gave up hopes for
his recovery, he was being taken to Haribans Charitable
Hospital in Mathura for treatment on May 15 by his brothers
Aleem and Samaydeen in a motorcycle when they were intercepted
by the police, the petitioner said.
According to the petitioner, after intercepting them, the
policemen asked the trio to produce their driving licence.
Aleem and Samayadeen explained that they had left the licence
at their house in Rajasthan`s Bharatpur district after which
the policemen told them to bring it and kept Saleem in their
custody as a security for their return, he submitted.
The deceased`s father contended that on May 16, the
family was shocked to read media reports that Saleem was
killed in an encounter with police after allegedly attempting
to rob a village pradhan of his Bolero vehicle along with some