Supreme Court rejects Gujarat government's plea to probe 'other fake encounters'

NEW DELHI: The Supreme Court on Wednesday rejected a plea by the Modi government for parity of treatment with other states in alleged fake encounter, observing that no other state even BJP-ruled ones were on board with the state government.

Gujarat, angry over being singled out for court probe into alleged fake encounter deaths in the state, had filed a PIL for formulation of a uniform policy dealing with alleged fake encounters and launching probe into alleged killings by police in staged shootouts in past 10 years in all states.

"You are in a minority," Chief Justice of India RM Lodha, who's known for his ready wit and caustic remarks, said. "How can a uniform policy be laid down in a federal structure? Law and order is a state subject. If the Centre forms a uniform policy, you will say it impinges on the federal structure. This disturbs the federal structure. First cross this hurdle," he added.

Gujarat lawyer Hemantika Wahi kept insisting that it was a sensitive subject and that the NHRC records of last ten years showed that such encounters took place in all states. She said that the court should frame a uniform policy to deal with alleged fake encounters in all states. But, Justice Lodha objected saying: "Each state will have its own views and perceptions on this."

The bench, comprising Justices Madan B Lokur and Kurian Joseph, then sought the views of various state counsels on framing a uniform policy. Those of West Bengal, Odisha, Karnataka and even BJP-ruled Chhattisgarh, unequivocally objected to any such policy.

The Union also backed this stand saying that there was no consensus among states on this. "What can court do in a matter like this?" Justice Lodha then asked and dismissed the plea.

The court order is the first major reverse for the Modi government in recent months.