Some justice at long last!
Quite significant is that the amount was offered by none other than the
Gujarat government counsel. What a climbdown! A far cry from "Himmat Hai To
Mujhe Phansi Pe Latka De!" (Let them dare to hang me (on the charge of
murder)!)
But the probe must go on till logical culmination.
<http://www.facebook.com/ext/share.php?sid=114877619729&h=ePZ2e&u=3qfJU&ref=nf>

http://news.in.msn.com/national/article.aspx?cp-documentid=3129543

Tuesday, August 11, 2009
Gujarat asked to shell out Rs 1 mn for fake encounter

*New Delhi: The Supreme Court Tuesday asked the Gujarat government to pay
Rs.1 million in ex-gratia to the mother and three brothers of Sohrabuddin
Sheikh, who was wrongly branded a terrorist and killed by police in a staged
shootout in 2005.
*

A bench of Justice Tarun Chatterjee and Justice Aftab Alam also deferred to
Sep 2 the issue of transferring the case for further investigation to a
special probe panel headed by former Central Bureau of Investigation
director R.K. Raghavan.

The bench ordered the payment of the monetary relief to the slain man's
family members within a week, accepting the offer of Rs.1 million made by
senior counsel Mukul Rohtagi on behalf of the Gujarat government.

The state government had already accepted the criminal liability of some of
its police officials in carrying out the killing of the Ujjain man and also
his wife Kausar Bi in Ahmedabad in November 2005.

The court order came on a lawsuit by Sohrabuddin Sheikh's terminally ill
brother Rubabuddin Sheikh, who has sought a CBI probe into the killings of
his brother and sister-in-law.

Though the compensation offer was promptly accepted by Rubabuddin Sheikh's
counsel Dushyant Dave, Justice Aftab Alam wanted the government to hike the
compensation.

"We accept it," said Dave, the moment Rohtagi disclosed the government's
offer of Rs.1 million as an "interim ex-gratia".

"We accept it as we are quite desperate," said the lawyer, who had earlier
told the court that Rubabuddin Sheikh was terminally ill with a "stage III
cancer."

Justice Chatterjee too agreed with the offer, ignoring Justice Alam's
reservation over the sum and said, "I was thinking only in terms of
thousands."

Dave also sought to raise a demand of compensation for Sohrabuddin Sheikh's
friend Tulsiram Prajapati, who too had allegedly been shot dead by the
Gujarat police team in another staged gun battle.

But the plea did not evoke any response from the bench, while the state
government too asserted that it does admit the allegations that Prajapati's
killing was extra-judicial.

The bench deferred the issue of transferring the case to the special probe
panel after Rohtagi asserted that the state government was not amenable to
transfer the probe and said he would like to argue on the legal issues
involved.

Sohrabuddin Sheikh, Kausar Bi and Prajapati were killed after their alleged
abduction by the Gujarat police.

Then deputy inspector general D.G. Vanzara had announced Sohrabuddin
Sheikh's killing in a police shootout, dubbing him a Lashkar-e-Taiba
terrorist on a mission to assassinate Chief Minister Narendra Modi and other
prominent Bharatiya Janata Party (BJP) leaders.

However, the state government admitted the killings were staged. In a
subsequent probe, police have arrested Vanzara and three other senior police
officers, who are still behind the bars.

The killings had become a major issue of debate between Modi and Congress
chief Sonia Gandhi in the run-up to the state assembly elections in December
2007.

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