GHAZIABAD: A magisterial inquiry has been initiated into the police encounters on March 1 and 3 of two brothers, Ghulfam and Zeeshan, the prime suspects in the attack on businessman and YouTuber Saleem Wastik.Police shot Ghulfam dead in an encounter in Vasundhara on March 3, less than 48 hours after his younger brother Zeeshan was killed in a shootout in Loni. According to cops, the brothers, who worked as carpenters and lived in Khoda Colony, were identified through CCTV footage after Wastik was stabbed at his office in Loni on Feb 27. Police said in one clip, the two were seen riding away on a bike moments after Wastik was stabbed multiple times in his office, with blood stains on their clothes.
On Wednesday, district magistrate Ravindra Mandar said city magistrate, Santosh Upadhyay, has been put in charge of the inquiry and directed to conduct a time-bound probe into the incident. Officials said the probe was ordered in compliance with the National Human Rights Commission, which mandated an independent inquiry in cases of deaths during police action.Upadhyay said, “As per procedure, a public notice was issued on March 17 calling for any information. Following this, we will visit the spot, carry out inspections, and also conduct an inquiry on the officers involved in the encounters. Thereafter, a report will be submitted to the DM, who will then send it to the NHRC.”The city magistrate has invited members of the public to share any direct or indirect information, including written statements, photographs, or audio-visual evidence, by March 31 at the collectorate office or through the notified contact number.The inquiry is expected to be completed within a month and will examine the circumstances leading to the encounters and the actions of the police teams involved. Police had earlier said that on March 1, a patrol team in Loni had signalled a motorcycle with Zeeshan and another man to stop. The duo allegedly tried to flee, and after a brief chase, police said Zeeshan opened fire. In the exchange, he was shot and collapsed on the road, while his associate escaped. Zeeshan was taken to a nearby hospital, where he was declared dead on arrival. Police said more than eight rounds were fired, and two head constables, Sachin and Nitin, were injured.Two days later, on March 3, the SWAT team and crime branch tracked Zeeshan’s brother and co-accused Ghulfam near Indirapuram. Police commissioner J Ravindra Goud said at 9.20pm, he was spotted riding in from the Vasundhara side. When police attempted to intercept him, the riders sped away but their motorcycle skidded on a mud mound during the chase, throwing them off.Police said the men opened fire, injuring head constables Pushpendra Kumar Shukla and Sandeep Kumar. Bullets also struck the bulletproof jackets of ACP (crime) Amit Saxena, sub-inspectors Puran Singh and Bobby Singh, while another round passed close to SWAT in-charge Anil Kumar’s ear. Police returned fire, injuring Ghulfam, who later died that night.According to Ghaziabad-based human rights activist Rajeev Sharma, district magistrate needs to inform the National Human Rights Commission (NHRC) within 48 hours of any death caused by police action or in custody. He said that if a magisterial inquiry later concludes an encounter was staged, an FIR must be registered against the police personnel involved under the provisions of culpable homicide. The NHRC takes cognisance of a magisterial report and writes to the state chief secretary and principal secretary (home affairs) recommending compensation for the victim’s family, along with further action, including suspension and criminal proceedings against those involved in the encounter.In its May 2010 communication to all chief ministers, the NHRC reiterated that police have no inherent right to take a life. A death caused by a police officer amounts to culpable homicide unless it is shown to be legally justified. The commission clarified that such use of force may be justified only under two conditions: the right to private defence, or when necessary to arrest a person accused of an offence punishable with death or life imprisonment under Section 46 of the erstwhile Criminal Procedure Code, which is now BNSS.Whether an encounter killing meets these legal thresholds, the NHRC order said, could be determined only through a proper and independent investigation.
