Retired Police Personnel Charged in 1991 Fake Encounter Case in Kanpur

The CSR Journal Magazine

The recent registration of a First Information Report (FIR) against twelve retired police personnel in Kanpur marks a significant development in a case dating back 35 years. This action follows a CB-CID inquiry that revealed twelve men were allegedly wrongfully implicated in a robbery case due to a staged police encounter.

The FIR was lodged at the Maharajpur police station based on a complaint from CB-CID Inspector Sushil Kumar, who cited various sections of the Indian Penal Code related to the fabrication of evidence and wrongful confinement. Commissioner of Police Raghubir Lal confirmed that the FIR includes charges under IPC sections 194, 195, 182, 211, 218, 220, 323, and 342.

The investigation is now being handled by the CB-CID, which has been tasked with examining the details surrounding the case further. The inquiry initially identified 18 police personnel involved in the incident, including the then station officer Vidyasagar Tripathi and investigating officer Ramesh Chandra Bhatole. However, six of these individuals have since passed away, as noted by the Commissioner.

Details of the Alleged Encounter

The incident that led to the FIR began on August 22, 1991, when police allegedly received information about a group of armed men planning to rob vehicles near Narval turn on GT Road. According to police reports, the suspects blocked the road using branches from a babul tree around 12.30 am on August 23.

It resulted in an encounter during which twelve individuals, including Rakesh Pathak, were arrested. Firearms and explosives were reportedly seized from the suspects. However, the subsequent CB-CID inquiry contradicted the police narrative, establishing that the encounter was fabricated.

Testimonies from Umashankar Pasi and Vijendra Singh, the driver and cleaner of a DCM vehicle, revealed that the police had taken the men into custody without any robbery attempt occurring. They alleged that the supposed recovery of weapons was staged and that the arrested individuals were subjected to physical assault.

The inquiry was initiated following a complaint from Deo Prasad Pathak, Rakesh’s elder brother. He alleged that Tripathi had demanded a 400-square-yard plot of land from the family without compensation. After Deo Prasad refused this demand, he claimed that Tripathi retaliated by implicating Rakesh and his associates in the robbery case. Deo Prasad sought a CB-CID inquiry after securing his brother’s bail from the High Court.

Ongoing Investigations and Implications

The CB-CID’s inquiry report was officially approved by its headquarters in Lucknow on September 25, 1995. Tragically, Rakesh Pathak died in a road accident in Kanpur on May 8, 2003, as confirmed by his brother. The FIR now includes names of several officers.

These included sub-inspectors BD Saraswat, Yogendra Nath Singh, and Ramesh Chandra; head constable Hriday Narayan Tiwari; and various constables and a driver. As investigations continue, the case highlights issues of police accountability and the potential for miscarriages of justice within law enforcement practices.

The developments in this case may have broader implications for how similar cases are handled in the future. Authorities are expected to provide updates as the investigation progresses, ensuring that the allegations are thoroughly examined and appropriate actions are taken against those found culpable.

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