HC declines to entertain petition seeking CBI probe into hostage-taker's death; plea withdrawn

Mumbai, Nov 11 (PTI) The Bombay High Court on Tuesday expressed its disinclination to hear a petition seeking a CBI probe into the alleged "fake encounter" of Rohit Arya, the man accused of holding children hostage in a city recording studio who was shot dead during the rescue operation.

When a division bench indicated it was not inclined to grant any relief, the petitioner -- a Mumbai-based female advocate -- withdrew the plea.

The HC, which also rejected the petitioner's request to convert the plea into a PIL, allowed the petition's withdrawal, but added if the advocate wishes, she can file a private complaint before a magistrate's court as mandated in law.

The petition, filed by Shobha Buddhivant through advocate Nitin Satpute, alleged Arya was killed "under the pretext of self-defence and retaliation at the behest of a political leader." It further claimed that Arya, who had worked on a project for the Maharashtra education department, had been under severe mental stress due to the state government's failure to clear his pending dues.

When the plea seeking a probe into the hostage-taker's death came up for hearing on Tuesday, the HC questioned as to why the petitioner has approached the high court directly instead of filing a private complaint.

Satpute told the court that Buddhivant had sent a written complaint to police before filing the plea.

The bench, however, noted the document sent to the police was a notice, not a complaint.

"This is a notice, not a complaint. You must file a private complaint as mandated by law. There cannot be multiple authorities with whom you can file a complaint; it has to be specific and with the concerned police station," the court remarked.

Satpute claimed the police had refused to take cognisance of the complaint and requested the court to convert the plea into a public interest litigation (PIL).

The bench declined, observing the matter did not qualify as one of public interest.

The plea had sought transfer of the probe from the Mumbai police Crime Branch to the Central Bureau of Investigation (CBI), alleging bias in the ongoing inquiry.

On October 30, Arya took 17 children and two adults hostage at a recording studio in Mumbai's Powai area. The nearly three-hour-long hostage crisis ended when the 50-year-old accused was shot during the rescue operation.

The police claimed Arya fired from his air gun during the operation, triggering retaliation from law enforcement personnel who fatally shot him.

The probe into the hostage-taker's death was handed over to the crime branch as per standard procedure. A separate magistrate inquiry has also been initiated. PTI SP RSY