New Delhi: The Supreme Court on Friday dismissed a plea seeking judicial inquiry
into the Batla House encounter in which two suspected
terrorists and a police officer were killed last year.
A bench of Chief Justice KG Balakrishnan and Justices P Sathasivam and BS Chauhan dismissed the lawsuit saying that the armed youths firing at policemen could not be innocent.
The bench said the probe would destroy the morale of the police force as they would be subjected to unnecessarily harassment; thousands of who were killed by criminals and terrorists.
The petition was filed by an NGO `Act Now For Harmony and Democracy` challenging Delhi High Court`s order giving a clean chit to the city police in the encounter.
When advocate Prashant Bhushan, appearing for the NGO, submitted that the Batla
house encounter has taken the faith and confidence of the
large section of a community, the Bench expressed its
displeasure over raising the issue of a particular community.
"You need not identify any sections of the society.
Criminals are criminals why do you identify a community," the
Bench also comprising Justices P Sathasivam and B S Chauhan
The Bench also did not accept the submission that the
NHRC has only gone by the police version.
The NGO submitted in its petition that the High Court has erred in accepting the findings of NHRC, which had refuted the allegation that it was a fake encounter.
It pleaded that the High Court did not go into the merit of the case and only relied on the
finding of the Commission`s report on the ground that it is a statutory body whose report cannot be questioned.
Two young men were killed September 19 last year at Batla House last year after policemen stormed a flat in Jamia Nagar in south Delhi. The youths were allegedly involved in serial blasts in the national capital.
The gunbattle also claimed the life of Delhi Police`s "encounter specialist" Mohan Chand Sharma.
The police action came after they tracked the cellphone of Atif Amin, who was believed to have led the team which planted bombs in several places of the capital on Sep 13 last year, triggering five blasts killing 26 and injuring 133.