Police: Enough proof against encounter cop

We have arrested Sharma and the others only because we have sufficient evidence to do so. Sharma had been called twice to record his statement. We are not prejudiced by allegations or names in the FIR lodged by Guptas brother. Nor are we eager to continue making arrests. Subsequent action will be taken as and when required, said Deputy Commissioner of Police Zone 10 K M M Prasanna,who is leading the Special Investigation Team SIT probing the encounter.

An FIR,lodged in the case on August 20 last year,names 17 people,including 14 policemen. I will have to get appropriate sanction from higher authorities to prosecute the two constables,but since Sharma is no longer in the force I dont think we need any sanction for him, added Prasanna.

Gupta was killed in an encounter by the D N Nagar police on November 11,2006,at the Nani-Nani Park in Versova. Police claimed that Gupta was an aide of Rajan and his lieutenant D K Rao. Incidentally,Senior Police Inspector Sharma was dismissed in August 2008 for his alleged nexus with the Dawood Ibrahim gang,known to be rivals of the Rajan gang.

The police said that the D N Nagar team acted on a tip-off that Gupta was reaching the park to meet an associate,and had laid a trap there. When Gupta fired at the team,he was killed in retaliatory fire,the police had claimed.

Guptas post-mortem report,however,showed that he was shot five times at near point-blank range,with one of the entry wounds located at the centre of his forehead,one on his right ear,and three on his chest. Further,the police wireless control room does not have any record of wireless messages received or given by the office of the Additional Commissioner of Police West Region between November 11 and 12,2006,about information of any cognizable offence or about laying the trap.

In September last year,the Bombay High Court had also directed two cellular service providers to give detailed records of some mobile numbers to the SIT. Seeking remand today,the police said they needed custody of the accused to interrogate them,prevent them from intimidating witnesses,and to recover the vehicle used in the alleged crime. We also want their custody for identifying any other parties involved,and to access their mobile phone records, said Prasanna.

Following Guptas death,his brother Ramprasad claimed that Gupta and an associate Anil Bheda were picked up by the police seven hours before his death. He also claimed that he sent telegrams and faxes to the police commissioners of Mumbai,Navi Mumbai and Thane hours before the encounter,expressing fears that Gupta would be killed in a fake encounter.

After Ramprasad moved the Bombay High Court,the police were ordered to register an FIR in the case. Sharmas lawyer Shrikant Shivde today argued,Sharma was not at the spot when the alleged encounter took place so there is no question of his involvement in the case. This is like a new years gift for the underworld. My client is the victim of an underworld-police nexus.