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Allahabad High Court recently refused to grant bail to 34 policemen in the 1991 Pilibhit fake encounter case where 10 Sikh men were killed in three alleged fake encounters on a single night in Pilibhit district of Uttar Pradesh in July 1991.

Out of total 57 accused persons, ten accused died during the pendency of the trial, and the trial court convicted and sentenced the remaining 47 to life imprisonment. 12 convicts have been granted bail by a Co-ordinate Bench of the High Court either on the ground of age or severe ailment.

The bench of Justices Ramesh Sinha and Brij Raj Singh observed that the accused policemen had indulged in a barbaric and inhuman killing of innocent persons in the name of being alleged terrorists. "If some of the deceased were involved in anti-social activities and criminal cases were registered against them, then too procedure established by law should have been adhered to, to bring them to (the) task," the bench noted. 

The order has been passed during the hearing of the criminal appeal of the accused filed challenging their conviction. Court has fixed July 25 for the final hearing on the appeals. 

According to the prosecution, on July 12, a police team stopped the bus in which the victims and their family members were returning from a pilgrimage. 10-11 Sikh youths were picked up and made to sit in the Police bus whereas the other passengers, including women and children, were taken to a gurdwara in Pilibhit.

Allegedly, the Sikh men were then divided into three groups and were killed on the intervening night of July 12 and 13. The accused policemen were of the Pradeshik Armed Constabulary (PAC).

Thereafter a case was registered, however, the local police filed a closure report after stating the case to be the encounter of 10-11 terrorists. The matter then reached the Top Court which in May 1992 entrusted the re-investigation of the said encounter of alleged eleven terrorists to the Central Bureau of Investigation (CBI).

CBI registered three cases based on the FIR at the local police station and after due investigation, the Investigating Officer had charge-sheeted 57 accused persons under Sections 120-B, 302, 364, 365, 218, 117 I.P.C.

The trial took place in the court of the Special Judge, CBI/Additional District Judge, Lucknow, and on April 4, 2016, in total, 47 persons were convicted under Sections 120-B, 302, 364, 365, 218, 117 IPC and were awarded life imprisonment.

In the criminal appeal before the High Court, the counsel for the accused policemen had argued that 4 of the deceased belonged to terrorist outfits, namely, Khalistan Liberation Army there was a vigilance report that hardcore terrorists of the outfit were present in Pilibhit and adjoining area.

However, the Court said, "Be that it may be, the gruesome murder of the deceased who had no criminal antecedents along with some of the deceased who had criminal antecedents, cannot be in any manner justified treating all the deceased to be the terrorists by separating them from their wives and their children, who were going to a pilgrimage in the bus."

Court, therefore, rejected the bail pleas of the convicted and listed the appeal for final hearing. 

Case Title: Devendra Pandey and others v. State Of U.P. Thru. C.B.I.