Contradicting the police theory, Amir's sister Yasmin filed a petition in the court of Chief Judicial Magistrate (CJM) Ghaziabad in which she stated that the Vijay Nagar police had concocted a false story against her brother. She claimed that on June 26 this year she herself had taken her brother to the police station as she wanted him to surrender. But the SHO Shyamvir Singh refused to take him into custody.
Yasmin's lawyer Khalid Khan said that she applied in the CJM court to let her brother surrender in court on June 27. But due to heavy paper work, Amir could not surrender that day and while they were returning to their home in the evening, policemen in a Scorpio Jeep took Amir away. And in the intervening night of June 27 and 28 the police showed him as arrested in an encounter in the Pratap Vihar area. Amir was hit by a bullet in his leg.
Yasmin filed the petition challenging the encounter and accused SHO Shyamvir Singh, sub inspectors Kavish Kumar and Brahmpal, constables Vipin Chawla, Manoj Balyanand and two others of a false encounter.
"The court of CJM after listening to the arguments from both sides, ordered to file a criminal case under relevant sections of IPC against all the named policemen and two others. The court further ordered to put the file up for hearing on July 23 to record the statement of the petitioner", said Defence lawyer Khalid Khan.
( With inputs from IANS )