( 1 ) RULE. Service of Rule is waived by learned government Pleader Mr. Prashant G. Desai for the respondents. The petitioners claim to be office-bearers of an organisation called Action committee for Prevention of Police Atrocities. They have approached this Court, it is claimed, to uphold rule of law and for ensuring democratic functioning of all the organs of the State with special emphasis to see that the Police Authorities do discharge their functions and duties in accordance with the Constitutional mandate. It is their case that the police under the stewardship of Shri Satish Verma, District superintendent of Police, Porbandar, resort to fake encounters to liquidate the people after characterising them hard-core criminals. In this Special Civil Application the petitioners claim that one Jasu Gagan Shial, Ranmal Ram and Naran Jesti were murdered by the Police and made it appear that it were either on account of police using fire-arms in self-defence or by their committing suicide. Jasu Gagan Shial was killed by the police in a fake encounter. The story put forth by the police is that shial tried to run away from the police when he was about to be arrested. He used his fire-arms to kill/scare away the police and then he was shot at and that resulted in his death. This story is clearly false. On account of death of Shial entire people of Porbandar voiced their protest which led to an enquiry by the Sub-Divisional magistrate. That enquiry is not a judicial enquiry and that was an attempt to pacify the people of the locality. Enquiry by the Sub-Divisional Magistrate as ordered by the District Magistrate and Collector was to cover-up the misdeeds of the police in causing death of Jasu Gagan Shial. Ranmal Ram was taken into police custody in connection with Kutiyana Police Crime Register No. II/28/95. He was in police custody on remand till 9-1-1996. During the said period he was killed in an encounter with police. One Naran Jesti, who was in police custody on remand is alleged to have ran away from the lockup and committed suicide by hanging himself from a tree near the Police Station. On the basis of these instances the petitioners pray for appointing a high-ranking judicial officer to enquire into the custodial deaths, encounter deaths and illegal detentions at the hands of the police and to take action on the basis of the report of that officer.

( 2 ) ON behalf of the State an Under Secretary to Government in the Home department filed affidavit dated 1-12-1997. The averments made therein are to the following effect : (a) Jasu Gagan Shial was accused in many cases and was absconding. He was involved in offences punishable under the Arms Act, Narcotic Drugs and Psychotropic substances Act, Indian Penal Code and Terrorist and Disruptive Activities (Prevention) act. He was in the habit of destroying evidence. He has been generally acquitted for want of evidence by Courts of law. After production of other accused before the courts of law and completion of trial and acquittal of co-accused, he used to present himself before the police. This practice made it easier for him to get acquittal in almost all cases. A raid was arranged for arresting him on getting information by the D. S. P. , Porbandar. It was known that Shial had taken shelter at the residence of one Premji Shamji Kharva. During the raid on 2-12-1996 Shial tried to run away from the residence of Premji Shamji Kharva. Shial used fire-arms against police officers. Police after giving warning shot at him. That resulted in his death. The incident took place only because Shial tried to run away from the police to avoid arrest, has used fire-arms against police and that police had to return gun-shot. The sub-Divisional Magistrate conducted an enquiry into that incident and found no illegality in the police using force. The report of the Sub-Divisional Magistrate is based on evidence recorded in the enquiry. The conclusion reached by the Sub- divisional Magi