UP Police Book Family of Man Killed in Ghazipur 'Encounter' For Protesting His Death

New Delhi: Police in Uttar Pradesh (UP) have lodged a criminal case against the family members of a 28-year-old man, including several women, for staging a protest with his body and pelting stones at officials, hours after he was shot dead in an alleged 'encounter' in Ghazipur.

The family of Kamlesh Chaudhary, alias Kamlesh Bind, has accused the police of executing him in a staged encounter. Police, however, maintain that they fired three shots at Kamlesh in retaliation and self-defence.

Vineet Rai murder and police pressure

Kamlesh Bind, who was associated with the Samajwadi Party, was killed late on June 3. He had been wanted in connection with the recent murder of a hotelier’s son, Vineet Rai. The 'encounter' came at a time when police were under immense political pressure to take action in Ghazipur. Rai, the son of the owner of Ghazipur’s Bindu Hotel, was shot dead around 11 pm on May 28 by four persons riding on two motorcycles. According to police, the suspects had a prior dispute with the victim.

Just days prior, in the early hours of May 31, police had shot dead a Muslim person, Asad, in an alleged 'encounter' at the opposite end of the state in Ghaziabad. He had been accused of stabbing to death a minor Hindu boy, Surya Chauhan, over a personal dispute.

The protest

On Thursday (June 4) evening, the situation turned hostile as Kamlesh’s body was being transported to his village in Ghazipur for cremation, following a post-mortem examination.  Angered by the killing, a large crowd of men and women raised slogans against the administration and confronted the police force on duty.

According to sub-Inspector Ram Milan Yadav, who subsequently lodged a first information report (FIR) against the protesters, Kamlesh’s family placed the body near the Fullanpur railway crossing, effectively blocking the road. When officers demanded they clear the blockade, the crowd allegedly attacked the police team with bricks and stones. Yadav said that normal life and traffic were disrupted and the standoff lasted for approximately 40 minutes before order was restored.

The FIR

Kamlesh’s brother Sanjay Bind, Sanjay’s wife Anita Bind (the village head) and four others, including two women, were named in the FIR, a copy of which was examined by The Wire. The police also booked 40-50 unidentified men and women. All accused were charged under a dozen criminal offences such as unlawful assembly, reckless or negligent acts endangering human life, voluntarily causing hurt to a public servant to deter them from their duty and assaulting a public servant. Four police personnel sustained minor injuries in the incident, said the police.

Screenshot from a copy of the FIR filed against Kamlesh Bind's family members after the protest.

Ghazipur's Superintendent of Police (SP) Iraj Raja said the National Security Act would also be invoked against those held accountable. “Strict action will be taken. There should be no place for lawless elements. Appropriate treatment will be meted out, which will set a precedent,” the SP said.

Family alleges fake encounter, highlights selective action

The Wire attempted to reach Sanjay Bind and his wife Anita multiple times, but both were unavailable, likely because a fresh criminal case had just been lodged against them. However, speaking to Aaj Tak on June 4 – before the FIR was lodged – Sanjay accused the police of murdering his brother after holding him in illegal custody for a day.

“This was not an encounter, this was murder! The murder of an innocent person who was falsely named in the FIR,” Sanjay Bind told the television channel. He alleged that his brother had been in Ramgarh at the time of Vineet Rai’s murder on May 28. “Police picked him from there, brought him here, kept him for a day and killed him the next day,” said Sanjay, demanding a Central Bureau of Investigation (CBI) probe.

Sanjay also added that his brother was targeted because of their caste. The Bind community is a traditionally riverine and fishing community, part of the larger Mallah and Nishad groups. “We are being oppressed because we are backward,”he said, claiming his brother was also targeted for being a worker and “soldier” of the opposition Samajwadi Party.

Kamlesh Bind, Photo: Facebook/Kamlesh Chaudhary.

Kamlesh’s family and supporters have further accused the police of selective action. Although four persons were named in connection with Vineet Rai's murder, including alleged kingpin Shankar Pandey, only Kamlesh has faced police action so far. Police had announced a bounty of Rs 1 lakh each on Kamlesh and Shankar Pandey following Rai’s murder, saying that the two had used a WhatsApp group named “Katra gang” to plan the killing.

Ghazipur police are yet to respond to the public allegations made by Kamlesh’s family. SP Raja said efforts were ongoing to nab Pandey and the remaining accused. Pandey has ten criminal cases against him; Kamlesh had seven.

What the police said

Under mounting political pressure, police said late on June 3 that Kamlesh had been seriously injured in retaliatory firing after an 'encounter.' He was taken to the district hospital keeping in mind a “humanitarian perspective,” said SP Raja. Doctors later declared him dead. Police said two .32 illegal country-made pistols were recovered near Kamlesh.

Three police teams, including a SWAT (Special Weapons and Tactics) unit, allegedly intercepted Kamlesh at Kurtha village after an informant tipped police off that he was waiting on his bike near a culvert by Pouhari Baba Mutt. Police said he and another person were armed and planning to carry out a major incident.

Inspector Pramod Kumar Singh noted in his report, which was seen by The Wire, that SWAT in-charge Rohit Kumar Mishra tried to apprehend Kamlesh, but as soon as Mishra stepped out of his vehicle, Kamlesh allegedly opened fire at the officer with the “intent to kill.” Mishra was shot on his upper left arm.

While Mishra was sent for treatment, the remaining force pursued Kamlesh. He reportedly lost control of his bike at high speed and crashed. Police said that when they approached him, Kamlesh again opened fire at the officers. Station House Officer Santosh Kumar Pathak was struck by a bullet, which was stopped by his bulletproof jacket, said Singh.

Singh added that despite being asked to surrender, Kamlesh continued to fire. Thus, "acting in self-defense,” he fired one shot while SHO Mishra fired two rounds from their Glock pistols in what Singh claimed to be a “controlled and restrained manner.” “We heard the miscreant shouting, ‘Sahab, I’ve been shot’,” Singh said.

Witnesses refused to testify

Ghazipur police said Kamlesh sustained a gunshot wound to the chest. Four spent cartridges and two .32 country-made pistols were recovered at the scene, with one bullet stuck in the magazines of both pistols. Due to the dense overgrowth, police reported they could not recover additional cartridges.

As is the standard procedure in 'encounters' involving 'retaliatory' fire, an FIR was lodged against Kamlesh for attempted murder and possession and use of illegal firearms. Singh observed that the team could not find any public witnesses. All passersby refused to provide testimony, “fearing the miscreant,” and left without providing their names or addresses.

Omar Rashid is an independent journalist.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.