Thangadh 2012 police firing: Can’t make inquiry report public, for now, tells Gujarat govt to HC

The state government filed an affidavit through Kishor Desai, section officer, home department, saying that the petition is not maintainable mostly due to technical reason.

By: Express News Service | Ahmedabad | Published:October 18, 2016 3:49 am

Opposing the petition by the father of a Dalit victim seeking report of an IAS officer into the killing of three Dalit youths in Thangadh police firing in 2012, the state government on Monday told the Gujarat High Court that the “report is under consideration of the state government.”

The state government filed an affidavit through Kishor Desai, section officer, home department, saying that the petition is not maintainable mostly due to technical reason. The petitioner, Valjibhai Rathod, 42, a resident of Ambedkarnagar, Thangadh, has sought the report through the petition saying that the IAS officer Sanjay Prasad inquiry into the case doesn’t fall under Commission of Inquiries Act and hence the government should make the report public.

The affidavit states, “It is respectfully submitted that the report of Sanjay Prasad was sought to be procured during questioning in the Assembly, but as the report was under consideration of the state government, submission thereof and discussion was not permitted. Presently also the report is under consideration of the state government.”

Referring to the various other pleas in the High Court on killing of three Dalit youths issue which have been mentioned in the petition, the state affidavit states that “those petitions are for either transfer of investigation or for further investigations is apparent on going through the prayers quoted by the petitioner. The present petition even otherwise would be for a different cause of action.”

According to the government affidavit, the petitioner had filed an RTI seeking the report which is pending with the statutory authority and therefore, the petition is not maintainable. The government has said instead of straightway coming to High Court, the petitioner should have filed an appeal before the appropriate authority.

In August, the government had announced formation of a special investigation team to probe the killings. The move came following demands raised by Dalit organisations pressing for a CBI investigation into the case. The SIT is led by Rajkot police commissioner Anupam Singh Gehlot.