The Bombay High Court on Monday issued notices to Thane Police Commissioner Anil Dhere and 11 other police officers in an August 2008 alleged fake encounter case.
Justices Bilal Nazki and Anoop Mohta issued the notice following a petition filed by Pari Aulad Hussain (61), whose husband and son were shot by a Kalyan unit of the Crime Branch.
Pari’s petition claims her husband Kalandhar Hussain was on his way to a tea shop near their house when seven police officers assaulted him and dragged him into their jeep.
Pari and her son Kambhar rushed to the nearby railway crossing to intercept the vehicle.
“A policeman sitting in the rear of the jeep opened fire at Kambhar, aiming at his head. Immediately one of the other policemen fired twice at my husband, threw him out of the jeep and fled,” Pari’s petition alleges.
Pari then went to the local Mahatma Phule police station to lodge a complaint, which she says they refused to file.
She then approached the high court, asking that a murder case be registered against the policemen who shot her husband and son.
She has also sought an independent inquiry by the CBI into the incident.
The police, meanwhile, claim Kalandhar was a
history-sheeter with several cases of petty rioting registered against him.
They say he flung a cup of hot tea at them when they tried to arrest him at the tea stall, after which a mob of his supporters surrounded the police jeep demanding his release.
When the mob turned violent, the police said, they were forced to open fire to protect themselves.