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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13^th December, 2024 Date of decision:28^th January, 2025 + W.P.(CRL) 2475/2015 & CRL.M.A. 33269/2024 KIRAN SINGH .....Petitioner Through: Mr. Saurabh Prakash, Mr. Utsav Jain and Mr. Anant Aditya Patro Advs.

versus NATIONAL HUMAN RIGHTS COMMISSION & ORS. .....Respondents Through: Mr. Dayan Krishnan, Sr. Adv. with Mr. Rajesh Mahajan, SPP for R-3 with Insp. Chandan, Anil Soni for MHA CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

Background

2. The present case relates to an alleged fake encounter by the Special Cell of the Delhi Police that took place on the night of 5^th May, 2006, where five members of the Ayub/Aslam gang died and the 6^th member is stated to have escaped into the darkness. It is averred that the gang was involved in more than 70 cases of murder, attempt to murder, dacoity, robbery, rape etc. The name of the five members are Ayub, Sanjay, Shehzad/Babu, Aslam and Manoj.

Brief Facts

3. The present petition has been filed by the Petitioner-Kiran Singh, father of Late Manoj, who lost his life in the alleged fake encounter. According to the petition, the deceased Manoj used to run a provision store called M K Provisions Store which is now being run by the Petitioner. It is claimed that he did not have prior criminal antecedents. He was made accused in two FIRs i.e., FIR No.70/2002 PS Farsh Bazar u/s 397/34 IPC and FIR No.160/2002 PS Shahdara u/s 395/34 IPC. According to the petition, in both these cases he was acquitted.

4. The deceased Manoj who was a resident of Meerut, was 31 years of age in the year 2006 and is now survived by his wife and two daughters as also his parents. It is stated that his wife had abandoned the family sometime in the year 2008 and his two daughters have been brought up by their paternal grandparents i.e., dada (Petitioner in the present case) and dadi. Both the daughters are studying - one is pursuing B.A. and the other one is in 10^th standard. The Petitioner and his wife who are also parents of the deceased, are also more than 75 years of age. The affidavit in support of the writ petition has thus been sworn by Mr. Virender Singh, who is the son of Mr. Kiran Singh.

5. Therefore, the Petitioner in the present case seeks directions to Respondent Nos. 2 and 3 to give concurrence for an impartial CBI inquiry into the alleged killings, and give compensation of Rs. 5 lakhs to the legal heirs of all the deceased gang members including the legal heirs of Mr. Praveen, who is stated to be missing. The compensation be given with interest @18% from 17^th April, 2014.The Respondents in the present case are as under:

6. Immediately after the alleged encounter on 5^th May, 2006, a complaint - Crime No.189/2006 P.S.-Khajoori Khas was filed on 6^th May, 2006 u/s 186/353/307/34 IPC and Sections 25/27/54-59 Arms Act by Manoj Dixit, Insp. Spl. Cell/NDR.

Proceedings before the NHRC

7. As per the petition, complaints were filed before the NHRC sometime in May or June, 2006, by the family members of some of the deceased, namely Sanjay Kumar and Aslam, claiming that they have been taken away from their respective houses by the Police and subsequently killed in the fake encounter. The NHRC then, vide its order dated 14th June, 2006 directed the Commissioner of Police to take action in terms of its guidelines dated 2nd December, 2003. Pursuant thereto, a notice was sent to the Commissioner of Police, Delhi on 15th June, 2006. A reply to the said notice was received by the NHRC on 22nd February, 2007 from the ACP- Vigilance, Delhi Police. With the said reply, a report of the DCP, Special Cell, Delhi dated 6^th May, 2006 was attached, as per which it was claimed that certain secret information was received on 5^th May, 2006 at 08:00 P.M. and a secret raiding team of police officials was organized. Around 10:45 P.M. a Tata Sumo with six occupants was intercepted. It was claimed that the occupa