Charges framed in CP shootout case

Charges have been framed against all the accused under Sections 120-B (criminal conspiracy), 302 (murder), 307 (attempt to murder) and 193 (false evidence) read with Section 34 (common intention) of the Indian Penal Code (IPC).

Separate charges have been framed against ACP S.S. Rathi and Inspector Anil Kumar under Sections 201 (causing disappearance of evidence of offence), 203 (giving false information) and 211 (false charge of offence made with intent to injure) of the IPC.

Anil Kumar has also been charged separately under Section 193 for allegedly making “false entry in daily diary and … false report” at the CP police station. “It is also alleged that accused S.S. Rathi filed a false information of the incident to higher police officers and they did so to show their innocence.”

On March 31, 1997, the police shot two businessmen, mistaking them to be dreaded Uttar Pradesh gangster Mohd Yaseen and his associate. Yaseen was wanted by the Delhi Police for various kidnapping and dacoity cases. According to the police, the inter-state cell of the Delhi Crime Branch received information that Yaseen and his gang members would come to Mother Dairy, Patparganj, at around 1.30 p.m. on March 31 in a blue Maruti Esteem with a UP registration number.

Inspector Anil Kumar, Head Constable Shiv Kumar and Constable Sumer Singh said they stalked two men who were in a blue Esteem (UP-14F-1580) heading towards Shakarpur. ACP Rathi was informed over the wireless when the car was going towards Minto Bridge.

The car stopped outside the CP fire station. By this time, Rathi and his team arrived there armed with .38 revolvers, AK-47s and 9 mm pistols. Rathi and Kumar planned to intercept the car at the next red light. The Esteem stopped at the traffic signal in front of The Statesman office. The police circled the vehicle. The police alleged that the bearded person sitting in the driver’s seat fired first, injuring constable Sunil Kumar, after which they opened fire.

It was later discovered that the man suspected to be Mohd Yaseen was actually one Jagjit Singh. The other person who died was his business associate Pardeep Goyal, while Tarun Preet Singh was injured.

During the investigation the CBI found “that to cover up its case, Delhi Police planted 7.65 mm pistol and 7 live cartridges in the car of the victim and that there was no fire upon the police party from inside the car”.

On concluding the probe, the CBI said that the “entire operation was planted and executed by ACP S.S. Rathi and Inspector Anil Kumar”; that all the policemen “indulged in indiscriminate firing with their service weapons without any provocation ” and that “with a view to screen themselves, the accused persons planted weapons and prepared false report”.

While arguing that charges of criminal conspiracy should not be framed, the Defence Counsel said: “… the act of conspiracy requires prior agreement among the culprits … such allegations are missing in the entire case of the prosecution”.