The Bombay High Court has issued a notice to the Mumbai Police Commissioner and the Maharashtra Government regarding the withdrawal of police protection for advocate Ramprasad Gupta, the brother of Lakhan Bhaiya, an alleged aide of underworld don Chota Rajan who was killed in an encounter with Mumbai police officials in 2006.
Advocate Akshay Malviya, appearing for Gupta, told a bench of Justices PB Varale and SM Modak that the police protection provided to Gupta was arbitrarily withdrawn by the Police Department in March without any notice or hearing.
In his petition, Gupta asked the court to reinstate his police protection until the threat to his life has passed.
THE CASE
On November 11, 2006, an alleged Chota Rajan associate, Lakhan Bhaiya, was killed in an encounter in Versova. Following a lengthy trial, special officer Pradeep Sharma was acquitted, while others involved were found guilty.
Gupta had filed an appeal against Pradeep Sharma’s acquittal, as had those who had been convicted.
“All the appeals filed in the case are ready for final hearing and can be taken up for final hearing on any date. They [accused] are also trying to get bail, and I am opposing the same. I have every apprehension that the accused will not hesitate to commit my murder to save them and to get rid of the case,” Gupta had said.
Gupta’s plea pointed out that in this case, star witness Anil Bheda’s body was found in the jungles of Manor just before he was to be deposed in court.
“Therefore, to save themselves, they are bound to cause danger to the life of Gupta, who is the victim of the case and has continuously followed up on Lakhan Bhaiya’s case at each and every stage of the matter to get justice for the brutal murder of his brother in a staged encounter.”
The plea added, “This is not a case where Gupta fears danger to his life from any extortionist, a rival, or criminals, but from the police officers who were in service. If those police officers can threaten a magistrate who has filed a report against them, it is their handiwork to get Gupta eliminated easily from this world. One of the accused is a known criminal who conducted many encounters, many of which would have been faked like Gupta’s brother’s case.”
The plea stated that the police commissioner failed to consider that “all the criminal appeals filed before the High Court are ready for final hearing and the same may commence at any moment. And Gupta is the only strong obstruction who can oppose the appeal of policemen who can easily influence the criminals or any other person to cause danger to the life of Gupta.”
The bench will hear Gupta’s plea again on June 22.
READ | ‘Won’t hesitate to murder me’: Advocate in Lakhan Bhaiya encounter case seeks police protection
Source: https://www.indiatoday.in/law/story/bombay-hc-issues-notice-lakhan-bhaiya-brother-plea-police-protection-withdrawal-1942757-2022-04-28
