ISLAMABAD, Jan 5: The Supreme Court has criticised an agreement reached between police and the heirs of a man killed in a fake encounter and ordered the Punjab police chief to find out how the compromise was reached without the payment of 'diyat' (blood money) and compensation to the victim's family. A three-judge bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday took notice on complaints against police about fake encounters in the EME Colony in Lahore and in Sialkot. The bench hinted at taking action against the district and sessions judge who had approved the compromise.
On Wednesday, SSP Sialkot Afzal Butt submitted to the court a report on the compromise reached on Dec 22 last year between the parents of deceased Tariq and policemen who had killed him in the fake encounter and its acceptance by the district and sessions judge of Sialkot.
The chief justice deplored that the compromise was reached even after the court had taken notice of the police action and had been assured that strict action would be taken against elements involved in the fake encounter.
The compromise had been finalised without the payment of compensation money, the CJ said, adding: “It seems that police have forced the victim's family to compromise.”
“What choice does the poor aggrieved family have but to agree to a compromise when the entire police ganged up to protect their companions,” Justice Ramday said, adding: “We are reaping the fruit of the culture of lawlessness sown by the police.”
He said he was surprised that those involved in the encounter were not only given bail before arrest but were released despite the notice taken by the apex court. “Those who were released would definitely try to influence the investigation,” he said.
The court rejected the report submitted by the SSP Sialkot and ordered the Punjab IG to handle the investigation himself and submit a proper report under his own signatures. The SSP was directed to present himself before the IG and explain how the compromise had been reached.
Justifying the encounter at the last hearing, police said that two robbers had broken into the house of an army major in the EME Colony and killed him after holding his family hostage at gunpoint.
One woman managed to escape and inform police about the incident. Police rushed to the place and arrested one of the robbers who was outside, guarding the house.
They later entered the house, along with the arrested robber, to negotiate with his accomplices, but they refused to surrender. An exchange of fire took place and the three burglars were killed.