CP Jaleel’s family had alleged many shortcomings in the magisterial report, including the fact that it did not consider many crucial details from the forensic report.

news Court Thursday, February 18, 2021 - 15:13

Weeks after the family of slain Maoist leader CP Jaleel moved the District and Sessions Court in Wayanad raising the allegation that the magisterial report submitted on the encounter was biased towards the police, the court directed the District Collector to respond to the allegation. The Wayanad Collector has been ordered to submit a report on the matter by March 1.

CP Jaleel was killed in police firing on March 6, 2019 at a resort in Lakkidi. Another Maoist who was with Jaleel managed to escape from the spot. Though the police claimed that they were forced to shoot Jaleel after he opened fire at them, human rights activists and Jaleel’s family have been alleging that it was a fake encounter.

The magisterial report was filed by former Wayanad Collector AR Ajayakumar after an inquiry. The report categorically stated that there was no “wilful negligence” or “conspiracy” by the police and that Jaleel was shot in self-defence. But it is to be noted that Jaleel was shot twice above his knee –on the right side of his head and on the right shoulder.

On February 2 this year, Jaleel’s brother Rasheed, who is also the state secretary of Janakeeya Manushyavakasa Prasthanam, a human rights group, moved the court seeking an order to conduct a fresh magisterial inquiry as the previous one was biased towards the police and to set aside the previous one.

In the petition, Rasheed alleged many shortcomings in the magisterial report, including the fact that the report did not consider many crucial details from the forensic report. The forensic report, which TNM had accessed before, stated that scientific examination had shown that no gunshots were fired from the firearm that was confiscated from near Jaleel’s body. This is in contradiction to the claim of the police that Jaleel initiated the firing. But the magisterial report had not considered this.

Family of slain Maoist CP Jaleel alleges magisterial report 'whitewashes' police 

“The findings and the observation reached by the District Magistrate without examining the ballistic report, forensic report, and even the visuals of the CCTV system in the resort is improper and incorrect. Non-examination of these documents and video recordings is significant and reveals the prejudicial manner in which the inquiry has been conducted,” the petition by Jaleel’s family stated.

It further added that the magisterial report pronounced the police innocent “as if conducting a trial”.

Considering the contentions made by the family, the court asked for a report from the Wayanad Collector before taking a call on the need for a fresh magisterial probe.

Read: 

Why Kerala govt’s 'encounter' killings of suspected Maoists should be called out

Why a Kerala court closed 2 UAPA cases against Maoist leader Roopesh

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