Introduction:

In a hearing related to alleged fake encounter killings by the Gujarat Police during 2002-2007, the Supreme Court received submissions from petitioners, including journalist BG Verghese (deceased), Javed Akhthar, and Shabnam Hashmi. The petitioners highlighted Justice HS Bedi’s Monitoring Committee report, which identified foul play in three out of 17 cases, urging prosecution of implicated police officers. The court, comprising Justices BR Gavai and Sandeep Mehta, adjourned the matter for further deliberation.

Arguments of Both Sides:

Solicitor General Tushar Mehta argued that the petitioners were selectively targeting Gujarat, questioning the consistency of public interest. Senior Advocate Nitya Ramakrishnan emphasized the importance of trying cases flagged in Justice Bedi’s report, rejecting the notion of rendering the report meaningless. Prashant Bhushan asserted the need for prosecution of individuals identified in the report and the appointment of a Public Prosecutor.

Court’s Proceedings:

The court acknowledged Justice Bedi’s report, identifying potential foul play in specific cases. Solicitor General Tushar Mehta sought pre-cognizance hearing for potential accused, a request rejected by Justice Sandeep Mehta, who stated it goes against legal principles. The court adjourned the matter for two weeks, emphasizing the need for a fair and reasoned approach.