Gujarat: How a 13-year-old’s petition led to probe against seven cops involved in her father’s ‘encounter’

Case history

As per Surendranagar district police sources, over 16 arrest warrants were issued against Gediya village resident Jatmalek, known to be a member of ‘Talpatri gang’.

Hanifkhan alias Kalo alias Munno Jatmalek and his 20-member gang were reportedly involved in over 75 criminal cases, including highway robbery, thefts and physical assault among others, said Bajana police station sources.

Bajana police had also registered cases against Hanifkhan and his gang under the Gujarat Control of Terrorism and Organised Crime Act, 2015 (GUJCTOC) in 2021. At least 17 members of his gang were arrested even as Hanifkhan and two others remained absconding.

Recalling the incident, then Police Sub-Inspector of Bajana police station and main accused in the encounter, Virendrasinh Jadeja said, “We had received information that Hanifkhan had come to his house on November 6, 2021, following which a police team was sent to the spot. Seeing the cops at his doorsteps, Hanifkhan tried to flee but we caught him”.

Even as the police were taking away Hanifkhan, some of his relatives and friends tried to obstruct the police action, said Jadeja.

“Hanifkhan fired three rounds at us. We somehow saved ourselves. His relatives and friends in the meanwhile were obstructing the police so that Hanifkhan could escape from the spot. His son Madeen also assaulted the cops with a sharp weapon. The security of the entire seven-member police team was my responsibility… we fired in self defence, during which both Hanifkhan and his son were killed,” Jadeja said further.

“We had also made an entry into the Bajana police station diary about going with six cops to arrest Hanifkhan, before leaving the police station,” he said. At that time, Jadeja had lodged a complaint with Bajana police station against a group of over 30 to 35 people for “obstructing police from doing their duties” on November 6, 2021, while identifying seven of them. The accused were arrested and were released on bail.

Jadeja further added, “Hanifkhan had terrorised the villagers and they feared him. The criminal cases against him include four cases of assault on a police team.”

The police personnel

Hailing from Bhachau taluka in Kutch district, Virendrasinh Jadeja who joined police services in 2017 directly as sub-inspector had worked in Surendranagar district and was posted in Bajana police station in mid 2020s. After the alleged encounter, Jadeja was transferred to Surendranagar town’s B police station and later to another police station in the district. Since last one-an-a-half month, Jadeja has been posted in the State Monitoring Cell in Gandhinagar, an arm of the Gujarat Police tasked with law enforcement, co-ordination, research and so on.

The other accused Rajeshbhai Jivanbhai Mithapara (36) is a posted as a police head constable at Chuda police station (Surendrangar), Shaileshbhai Prahladbhai Kathevadiya (31) is posted as a police constable in Tapi district, Kiritbhai Ganeshbhai Solanki (39) is a head constable at Motor Transport Department, Surendranagar, Digvijaysinh Hardipsinh Zala (36) is a police constable at Muli police station, Surendranagar, Prahladbhai Prabhubhai Charmata (38) is a police constable at Traffic Department, Surendranagar, and Manubhai Govindbhai Fatepara (26) is a police constable at Dasada police station, Surendranagar.

Jadeja said, “We have seen the order of Dhrangadhra Session court. We are deciding the further course of action. We have the right to appeal in upper courts as per the law”.

The petitioner

Jatmalek’s daughter Suhana with the help of her guardian Hanifaben Bismillakhan Jatmalek had filed a public interest litigation (PIL) before the Gujarat High Court in 2022. In the PIL, Suhana had alleged that “her father was killed in a fake encounter”.

“PSI Jadeja and six other policemen came in plain clothes and started beating her father who was filling diesel in his tractor to go to the field,” she had alleged in her petition.

The appellant had prayed that “a criminal police complaint should be filed against PSI Jadeja and the six other policemen”.

Suhanakhan told The Indian Express, “We are partly satisfied with the Sessions Court order, but we want that the accused should face murder trial and they should be strictly punished”. “The purpose is that they should not repeat such an act in future. If they are left untouched they will again commit the same act. I have lost my father and my elder brother in the fake police encounter. My mother is a housewife and there is no breadwinner in the family. We are surviving on what was left behind by my father. My mother works in agricultural fields,” she said.

“Earlier, I had a dream to become a police officer, but after the fake encounter, I have started hating the cops… they are cruel and brutal. I have decided to become a lawyer and fight for innocent people who become victims of police torture.”

Court order

A bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi, on July 26, 2024, had passed an order stating, “The petitioner namely, the daughter and sister of two deceased is at liberty to approach the Court of the concerned Magistrate, by moving an application under Section 156 (3) of the Code of Criminal Procedure (that empowers a magistrate to order a police investigation into a cognisable offence when a complaint is filed before them). On such an application being filed along with the copy of this order, the concerned Magistrate shall make necessary inquiry and do the needful strictly, in accordance with law.”

The order further stated: “In the instant case, it is to be noted that the conduct of the police authority is most unfortunate. It is the duty of every police officer to carry out his/her functions in a public spirited manner. They (police) must act in a fair and impartial manner. If the information given clearly mentions commission of the cognizance offence, there is no other option to register First Information Report (FIR) forthwith.”

“The concerned Magistrate shall make necessary inquiry and do the needful strictly, in accordance with law. It is clarified herein that delay in approaching the Court invoking jurisdiction under Section 156 (3) of the Code of Criminal Procedure shall not be a reason to reject the complaint of the petitioner,” stated the court in the order.

“It is further clarified that the concerned Magistrate shall make an independent inquiry without being influenced by any of the Magisterial Report or the report of the DSP, submitted before this Court in the present petition,” stated the order.

On April 17, 2025, Suhanakhan filed an application with the Surendranagar Dhrangadhra-Patdi Judicial Magistrate First Class Court of Judge RR Zimba. After hearing the complainant, Judge Zimba passed an order on the same day stating that Bajana police should register a case against seven cops, In the order, the JMFC judge stated that, “the investigation should be carried out by a deputy superintendent of police rank officer, and a report should be submitted to the court.”

On April 28, this year, PSI Jadeja along with the six other policemen filed a revision application with the Fourth Additional Sessions Court of Judge N H Vasveliya in Dhrangadhra, challenging the JMFC court order. Judge Vasveliya on Friday passed an order rejecting the application of the policemen.The order upheld the JMFC decision and directed it be sent to Bajana police station for compliance.

Observations on government pleader

In the order, the court observed, “A government pleader’s role is to represent the State in court and not to block the initiation of criminal proceedings. The government pleader’s role is to ensure that justice is served, offenders are prosecuted and the investigation is not hindered. There may be rare exceptions, such as when a complaint is frivolous or lacks merit, but in such cases, the proper course of action would be for the public prosecutor to seek the dismissal of the FIR through appropriate legal channels, not to obstruct its filing. Under this position, the filing of instant revision by AGP is not maintainable.”

Thus the Sessions Court called the JMFC court order “legal, correct and proper”.

The order stated, “The Trial Court has issued show cause notice to the police inspector, Bajana police station for not registering the FIR as per the order. Under these circumstances, it is found justifiable to direct the concerned police station to comply with the order…”

PSI Jadeja’s prosecution lawyer Additional Government Pleader V H Bhatt told The Indian Express, “The Sessions Court of Judge N H Vasveliya did not accept our arguments and passed an order against my clients. We have written to Surendranagar District Government Pleader M P Sabhani to challenge the order in higher courts.”

What is next?

Bajana police inspector M B Bamba said that they had started collecting the documents of the case. “We will send the papers to the director general of police (DGP) and Gujarat Home Department, to grant us permission to register an offence, acting on the Sessions Court order. Once we get the permission, we will register a criminal case against Jadeja and others while launching an investigation into the case.”