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Synopsis

A Supreme Court bench of Justice Surya Kant and Justice JB Pardiwala today directed the State of Assam to ensure no harm to life and liberty of Peeru Banjara and his son for 10 days.

Peeru, is the father of of Akbar and Salman Banjara, who were killed in an encounter by Assam Police in April 2022.  Akbar and Salman were accused of running an international cattle smuggling syndicate.

According to the Indian Express, the Banjara brothers, were arrested in UP in April 2022, and were handed over to Assam Police.  The Assam Police claimed that a gun fight ensued between the brothers and police inside Raimona National Park in Kokrajhar, where the brothers were shot.

It is the Police’s version that in the gunfight four policemen were injured, while the brothers were being taken for further investigation.

The brothers, who are from Meerut, were accused of allegedly running an international cattle smuggling syndicate. They have also been accused of having links with militant groups.

Peeru moved the Supreme Court alleging that his sons were killed extra-judicially while in custody of Assam Police. He had also sought for an independent enquiry in this regard.

When the matter came up for hearing, Peeru’s counsel informed the court that this was a case of extra-judicial killing by the Assam Police. The counsel further told the court that both UP and Assam were involved in the killing. The court, however noticed that State of UP was not made a party in the pleadings.

Top Court has thus asked him to withdraw the instant plea and file a new one. It was also opined that it will be appropriate to approach Guwahati High Court seeking similar reliefs. The counsel, however informed the court that the authorities have bulldozed Peeru’s home and have been asking his one remaining son to join the investigation.  The counsel further urged the court to grant them protection till they approach the Supreme Court.

Upon hearing the submissions, court observed that allegations are specifically against Assam Police and State.

"Why don't you approach the High Court there, we will ask them to consider and grant relief", court questioned.

The court accordingly held that it did not find any ground to entertain the plea under Article 32.

Noting that the petitioner has remedy to approach HC under Section 482 CrPC, while disposing the plea, Court has directed the State of Assam to ensure that no harm is brought to Peeru and his Son. This order has been passed in order to enable him to approach the Guwahati High Court.

Case Title: Peeru vs. Union of India