Noting that a government pleader’s role is to represent the State in court and not block the initiation of criminal proceedings, a sessions court in Surendranagar district rejected an application filed by seven police personnel against another court’s order directing a criminal complaint against the applicants in relation to the alleged fake encounter of a man and his 13-year-old son in 2021.
The Surendranagar district Dhrangadhra Sessions court, on Friday, said the order against the policemen by the Judicial Magistrate First Class Court (JMFC) on April 17 “was legal, correct and proper”.
Surendranagar residents Hanifkhan Malek (45) and his son Madinkhan (13) were killed in an alleged fake encounter on November 6, 2021.
During the hearing of the application by the policemen, which lasted two days — April 29 and 30, Additional Government Pleader (AGP) V H Bhatt remained present on behalf of the prosecution.
The 4th Additional Sessions Court of Judge N H Vasveliya noted, “The government pleader’s role is to ensure that justice is served and to prosecute offenders, not to hinder the investigation or filing of a complaint. There may be rare exceptions, such as when a complaint is frivolous or lacks merit, but in such cases, the proper course of action would be for the public prosecutor to seek the dismissal of the FIR through appropriate legal channels, not to obstruct its filing. Under this position, the filing of instant revision by AGP is not maintainable.”
Suhanakhan (then 16) and her guardian Hanifaben, of Gediya village in Patdi taluka of Surendranagar, had filed an application with the Gujarat High Court in 2021 against seven police officers of Bajana police station, including sub-inspector Virendrasinh Navalsinh Jadeja, and accused them of fake encounter leading to the death of her father Hanifkhan and brother Madinkhan.
The quorum of Gujarat HC Chief Justice Sunita Agarwal and Justice Pranav Trivedi, on July 26, 2024, passed an order, stating, “The petitioner…is at liberty to approach the Court of the concerned Magistrate, by moving an application under Section 156 (3) of the Code of Criminal Procedure. On such an application being filed along with the copy of this order, the concerned Magistrate shall make necessary inquiry and do the needful strictly, in accordance with law.”
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Suhanakhan then filed an application with the Surendranagar district Dhrangadhra-Patdi JMFC on April 17 this year. After hearing the complainant, Judge R R Zimba passed an order, stating that Bajana police should register an offence against the seven personnel. “The investigation should be carried out by a Deputy Superintendent of Police-rank officer, and a report should be submitted to the court,” the order added.
Talking to The Indian Express over the phone, Suhanakhan said, “We kept waiting with the hope that the police would register an offence against their own personnel. But when no action was taken, we went to Bajana police station on April 22, 2025, and submitted an application requesting the police inspector to register a criminal offence. We also submitted an official copy of the JMFC court order. We waited for another couple of days but when no action came through, we sent an application to the Surendranagar Superintendent of Police, the Police Inspector of Bajana police station, the Rajkot Range IGP, and the Dhrangadhra-Patdi JMFC court.”
The accused, police sub inspector Jadeja, head constables Rajeshbhai Mithapara and Kirit Solanki, and constables Shaileshbhai Kathevadiya, Digvijaysinh Zala, Prahladbhai Charmata, and Manubhai Fatepara, jointly filed a revision application with the 4th Additional Sessions Court of Judge Vasveliya on April 28, challenging the JMFC judge’s order.
After hearing arguments from both sides, Judge Vasveliya passed an order rejecting the application of Jadeja and others on Friday.
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The order said, “The order passed by the JMFC judge is hereby confirmed. The copy of this order to be sent to Bajana police station for compliance forthwith the order of JMFC dated on April 17, 2025. The copy of this order be forwarded to Deputy SP, Dhrangadhra; DGP, Surendranagar; Directorate of Prosecution, Gandhinagar; and Collector, Surendranagar, for information.”
Talking to The Indian Express, Suhanakhan’s lawyer, Advocate P R Dave, said, “We are very much satisfied with Judge Vasveliya’s order. The court had also found that the police officials of Bajana police are not registering offence even after repeated attempts made by the complainant. We are hopeful that we will get justice.”
Suhanakhan said, “We have been struggling and fighting for a long time to get justice. Today, after the sessions court order, we are hopeful that we will get justice. We want the accused cops to be strictly punished. There is nobody left in our family except my widowed mother Bilkiskhan.”
Talking about the events of November 6, 2021, she said, “The accused came to our home without uniforms and took my father outside. When my brother told the policemen not to beat my father in front of the public, the police sub-inspector and others killed my brother and father by firing from their service revolvers.”
AGP Bhatt could not be contacted for comment.
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