The court of chief judicial magistrate in Uttar Pradesh has ordered the police to register a case in the alleged fake encounter of a 21-year-old man from Madhya Pradesh, who was in the state to prepare for Agniveer recruitment test. The court also directed the police in Agra to get the case investigated by an independent agency.
The order was issued after the victim's mother claimed that her son was abducted by the UP police team, who later shot him in a "fake encounter". Police, however, claimed that he was "involved in illegal sand mining" and was present in one of the 13 sand-laden tractors that had sped through a toll plaza in Agra last year, the video of which was widely shared on social media.
The video sparked criticism of the law and order situation under the Yogi Adityanath government, which later ordered the police to take action against those involved in illegal sand mining.
A resident of Gadaura village in Morena district of Madhya Pradesh, Akash Gurjar was the eldest of three siblings and was busy preparing for Agniveer recruitment after passing Class 12th.
He was struck by three bullets by a UP police team on September 26 while he was on his way to his cousin's place in Agra. He died on November 14, 48 days after undergoing treatment at a city hospital. His mother alleged that before dying, Akash Gurjar had told her that cops in plain clothes had abducted him and "he didn't know what was happening".
"He was abducted by police and was shot in both thighs and abdomen. He was cornered and shot by the police in plain clothes when he had deboarded a bus to use the bathroom. I want justice, my innocent child has been killed, we want justice," said the victim's mother.
The victim's lawyer has also questioned the police's claim on the sequence of events on how Akash Gurjar was shot. "In violation of the NHRC guidelines, no FIR was registered after the youth's death in the so-called encounter. The postmortem report suggests that Akash was shot at from a close range because it's not possible for the bullet to go in one line from one to the other thigh if he shot while running as claimed by the police, that means he has been shot while sitting," he victim's lawyer Bharatendra Singh said.
The "fake encounter" is linked to a UP police investigation on sand mafia in the state. The probe was launched after a video of 13 sand-laden tractors speeding through a toll plaza in Agra in early September sparked criticism of the law and order situation under the Yogi Adityanath government.
Over 40 people allegedly involved in illegal sand mining were arrested, and over 106 FIR's were registered and more then 80 tractor-trolley were seized following the September 4 incident.
Two FIRs - one for an attempt to murder and the other under Arms act - were also registered against Akash, on a complaint by police constable Yogesh Kumar who allegedly shot him. The police charge also said that Akash was driving a tractor attached to a trolley containing illegally mined sand.
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