AG defending Gurgaon cops: Gadoli’s family certainly not happy
Advocate cites submissions made by Maharashtra police before the SC stating since there is enough evidence against Gurgaon police, Rohtagi’s decision to continue defending them becomes unconstitutional considering that he is the AG of the countrymumbai Updated: Jun 03, 2016 12:45 IST
As the Mumbai police is bracing to arrest the eight accused, including five Gurgaon police booked for staging the “encounter” of gangster Sandip Gadoli, his family has written to the President of India, the PMO, the Union ministry of law and justice, and the government of Haryana, seeking that the Attorney General of India Mukul Rohtagi be asked to desist from representing and defending the accused cops.
Advocate Tanveer Nizam, the counsel in the Supreme Court for Gadoli’s brother Kuldeep Singh, has written the letter on behalf of his clients and sought that ahead of the next hearing in the apex court, Rohtagi be asked to abstain from defending the state of Haryana in the case.
Nizam has cited the submissions made by the Maharashtra police before the Supreme Court stating that since there is enough evidence against the Gurgaon police, Rohtagi’s decision to continue defending them becomes unconstitutional considering that he is the Attorney General of the country.
He has urged the authorities to intervene claiming that as the AG of India, Rohtagi also has a duty to protect the fundamental rights of all citizens, including the family members of Gadoli.
He has also claimed that representing and defending the Gurgaon police or the state of Haryana “does not come within the constitutional ambit of the duties of legal character, or the functions that are required to be discharged by the AGI.”
“The initial stand taken by AG Rohtagi was that on February 7 this year, while at a hotel in Mumbai, the Gurgaon cops warned Gadoli and asked him to surrender but he fired at them and therefore, in self-defence, the cops counter-fired thus, killing him. However, in the last hearing on May 27, the Maharashtra police submitted that the encounter was staged and was a fake one. Yet, AG Rohtagi continued to defend the state of Haryana and the guilty cops of Gurgaon. He also opposed the demand for a judicial inquiry, which is compulsory according to the CrPC whenever a person dies while in police custody. “Hence, we request you to issue necessary directions to the AGI before the next date of hearing in the SC,” the letter reads.
Gadoli’s brother Kuldeep Singh has filed a special leave petition in the Supreme Court seeking a judicial inquiry into the incident and the next hearing in the apex court has been scheduled for July 13 this year.