A Delhi court has upheld a Metropolitan Magistrate’s order directing the registration of an FIR against a Delhi Police constable, who allegedly shot and killed a 25-year-old man to secure an out-of-turn promotion.
As per court records, when constable Baljit was posted at a picket in Outer Delhi’s Sannoth village in 2013, he received information that three-four persons snatched a Ford Endeavour that was en route to pick up school children. When Baljit spotted the car, he gave chase instead of informing senior officers. He was allegedly engaged in a shootout with one Amit Dahiya, who was shot multiple times by Baljit. He claimed it was an act of self defence as Dahiya opened fire at him first. Dahiya’s mother had approached court for registration of an FIR against Baljit, through her lawyer Sandeep Kaushik, and an order was issued directing FIR to be registered against the constable within 7 days in 2015.
However, this was challenged by Baljit in a revision petition.
Kaushik told the court of Additional Sessions Judge Jitender Kumar Mishra, “The act of Baljit was not an act of self defence as shown in the story by police, but is clearly a case of murder as firing four bullets on vital parts of the body cannot be an act of self defence… it can be clearly seen that the story of encounter is a concocted story… in order to get out turn promotion (he) has fired upon the deceased…”
During the hearing, the court perused the postmortem of the deceased, which had established “there were 14 injuries on the body of Amit Dahiya, four were firearm injuries and 10 caused by blunt force, which establishes he was mercilessly beaten by the accused with some blunt object”. The order read, “… If those injuries were caused by police official, then in those circumstances, there was exceed of power by official in discharge of official duties… Whether those injuries caused were part of official act, the same can be only answered when the matter is put to trial.”
Baljit, through his lawyer Abhishek Rana, argued that as there was no sanction in the case, the trial court cannot proceed. The court said sanction can be taken at any stage during trial.
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