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Encounter: notice issued to State Govt., Bangalore city police

Staff Reporter

BANGALORE: The Karnataka High Court on Wednesday ordered issue of notices to the State Government, the Bangalore city police and other respondents on a petition by Dawood Suleman Khadri of Mumbai seeking a Central Bureau of Investigation (CBI) inquiry into his brother's death in a police encounter here.

The petitioner said he was the elder brother of Yusuff Bachakana alias Yusuff Suleman Khadri and Abdul Razack. He said Bachakana along with several others were tried for the murder of Subbaraju, a realtor, of Bangalore. While the others were acquitted, Bachakana was sentenced to life imprisonment. He said his other brother, Abdul Razack, was involved in two cases in Bangalore and had been released on bail.

He said on April 12, 2005 he and his father had come down from Mumbai to visit Abdul Razack. On May 4, he and Abdul Razack went to a cinema. Abdul Razack received a telephone call stating that a resident from Jayanagar in Bangalore wanted to meet him in a hotel. While Abdul Razack went out, the petitioner said he saw the film and waited in vain for some time for his brother to come back.

The petitioner said he went back home alone. A few days later, some policemen came to his house and told him that Abdul Razack had been shot in an encounter and that he was in Victoria Hospital. When the petitioner went to the hospital, he saw his brother dead.

The petitioner said on May 10 he wrote to the National Human Rights Commission (NHRC) seeking an inquiry into the encounter and action against the police officials. He said he had gone through the complaint given by a resident of Jayanagar against his brother and found it to be false.

Contesting the police claim, he said his brother was not armed and that he was not killed in an encounter. He also disputed the police claim that Abdul Razack was an aide of Chhota Rajan. He urged the court to direct the respondents to hand over all case papers relating to his brother's killing. He also sought a departmental inquiry against the police inspectors who, he said, had killed his brother. He also sought a direction from the court to the State Government to submit to it all photographs, video clips, newspaper clippings and other material on the case.

Justice K.L. Manjunath ordered issue of notices and adjourned further hearing on the matter.

Donation

A Division Bench comprising Justice H.L. Dattu and Justice H.N. Nagamohan Das ordered issue of notices to the State Government, the National Education Society of Shimoga and other respondents on a public interest litigation (PIL) petition.

The petitioner, H.N. Somashekar of Shimoga, alleged that the society had collected between 1998-99 and 2001-02 Rs. 7.25 crores as donation and development fees from students and parents. This, he said, was contrary to the Karnataka Education Act. He said the State Government was bound to take action against the society for collecting donations.

The Bench adjourned further hearing on the petition.

Adjourned

A Division Bench comprising Mr. Justice Dattu and Mr. Justice Nagmohan Das ordered issue of notices to the Bangalore Mahanagara Palike (BMP) and other respondents on a PIL petition by Krishnappa Garden Residents' Welfare Association of Chetan Nagar.

The association and two other petitioners prayed for a direction to the BMP to quash the building plan of a software company in C.V. Raman Nagar. The petitioners said sanction was obtained illegally and that construction of the building would lead to traffic congestion and pollution.

The Bench adjourned further hearing on the petition.

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