PUCL April 2003

Ashiana encounter fake, says CBI too

By Arun Kumar
Vice-President. PUCL Bihar

The Bihar PUCL inquiry team report (
PUCL Bulletin, Pg. 15, March 2003) was confirmed by the CBI inquiry. The Ashiana Nagar encounter was a fake one, the Central Bureau of Investigation (CBI) has found out after an inquiry.

The agency has chargesheeted Shastrinagar police station sub-inspector and the then acting officer-incharge Shamse Alam for killing three boys from his service revolver inside the now infamous Sammelan Market on December 28. The boys, who were lying unconscious on the floor of the market due to a murderous attack on them by the shopkeepers there, were shot dead by Alam, says the chargesheet filed in the court of SDJM S K Pandey on Sunday.
It says that after killing the three boys, Alam asked constable Arun Kumar to flash a message on wireless that an encounter was going on in the Sammelan Market.

Alam has also been accused of planting two countrymade pistols and ammunition on the place of occurrence in a bid to show them as recovered from the possession of the trio. Two witnesses, Rajiv and Ramesh Sahu, categorically told the CBI that no such weapons had been recovered from the victims - Vikas, Prashant and Himanshu.

The two recovery witnesses said before the CBI team that Alam had procured their signature on a blank paper.

Ballistic experts of the Forensic Sciences Laboratory in their report have found that the four bullets were fired from the service revolver of Alam. The report also confirmed that the victims were fired at from very close range. The chargesheet also says that Alam filed a false report before the chief judicial magistrate.
It further says that Sachivalaya DSP Ajit Kumar Sinha, following the wireless message, reached the spot and inquired of the incident from Alam who at that time "was in a victorious mood, revolver in hand". Sinha was informed by Alam that the deceased were Ashok, Natwa and a member of their gang.

The CBI has filed chargesheets in this case against Alam, constable Arun Kumar, Sammelan Market shopowners including, STD booth owner Kamlesh Kumar Gautam, Verma Lights proprietor Rajeev Kumar Ranjan, Soni Rajak of Soni Dry Cleaners, Kumud Kumar of a CD shop, R K Mishra of an electronics shop and Anil, brother-in-law of Kamlesh.

Taking cognizance of the case, the court has issued non-bailable warrants of arrest against the accused. Two of the accused namely Shamse Alam and K K Gautam were arrested earlier following resistance movement in Patna and also in different parts of the state in the month of December '2002-January '2003 in protest against a recent spate of fake killings in Bihar.

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