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This is an archive article published on August 21, 2012

Prosecutor writes to top cops on ‘dereliction of duty’ by policemen

Special public prosecutor Vidya Vidya Kale has drawn the attention of the Director General of Police and City Commissioner of Police to two policemen allegedly trying to shield encounter specialist Pradeep Sharma and other accused in the 2006 Lakhan Bhaiya encounter case.

Special public prosecutor Vidya Vidya Kale has drawn the attention of the Director General of Police and City Commissioner of Police to two policemen allegedly trying to shield encounter specialist Pradeep Sharma and other accused in the 2006 Lakhan Bhaiya encounter case.

Kasle has,in a letter on August 16,cited “serious dereliction of duty” on the part of the two assistant police inpectors — Sameer Phaniband and Prataprao Kharade — who allegedly failed to identify two of the accused in the court. She said the “deliberate and intentional” act would dent the prosecution’s case.

Ramnarayan Gupta alias Lakhan Bhaiya,allegedly an aide of gangster Chhota Rajan,was killed in an encounter at Versova on November 11,2006. Gupta had 19 cases,including 12 for murder,against him. As many as 22 persons,including 14 policemen,are facing trial in the case.

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The Bombay High court had,in February 2008,ordered a magisterial inquiry into the encounter,following which the magistrate submitted a report in August 2009 — saying that Gupta had,in fact,been murdered in cold blood.

The High Court later formed a special investigation team,which arrested Sharma and other police officers.

Sources said Kasle’s letter came after Phaniband and Kharade were summoned before the trial court to identify two police constables Tanaji Desai and Vinayak Shinde. In her letter,Kasle said there had been an unhealthy trend of policemen resorting to acts that help the accused,marring the prosecution’s case.

Phaniband and Kharade were called to the dock to identify Desai and Shinde,who were posted to D N Nagar police station on October 18,2006,after the then additional commissioner of police orally ordered their transfer from Versova police station. “Although it is not a very strong aspect of the case,it is essential to build sequences. Both officers not only wrongly identified the accused in the court but also made gestures at Sharma while leaving the court,” a source claimed.

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Kasle has mentioned this incident in the letter,claiming that Kharade on his way out shook hands with Sharma and he in return thanked Kharade for his “co-operation”.

Both Phaniband and Kharade have not been declared hostile though they had not stuck to their initial statements. When contacted,Kasle refused to comment.

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