Rohatgi further said the SIT has informed all the eight accused and a magistrate about the change of section from 307 (attempt to murder) to 302 (murder).
The Supreme Court (SC) was informed on Friday that five Haryana policemen and three others have been booked for killing gangster Sandeep Gadoli, allegedly in a fake encounter in a Mumbai hotel in February.
"Five policemen and three private individuals, including a woman who was with gangster Sandeep Gadoli, have been booked under section 302 (murder) of the Indian Penal Code (IPC). Special Investigation Team (SIT) of Mumbai police has found that it was a fake encounter," attorney general Mukul Rohatgi told a vacation bench of justices P C Pant and D Y Chandrachud.
Rohatgi further said the SIT has informed all the eight accused and a magistrate about the change of section from 307 (attempt to murder) to 302 (murder).
Gadoli, a notorious gangster, was carrying a reward of Rs1 lakh on his head and was named in over 40 FIRs since 1999. He was killed in a shoot-out by the Gurgaon police on February 7 in an Andheri (E) hotel.
The apex court, which recorded the statement of the attorney general, posted the plea filed by Gadoli's relatives, seeking a judicial inquiry into the killing, for further hearing on July 13. Rohatgi has opposed the plea saying an autopsy has been done and the inquest proceedings have been completed by an executive magistrate.
"The main prayer in the petition before the Bombay High Court was that it was a fake encounter and that murder charges should be slapped on the police officials involved. Now that all that has been done, the petition has become infructuous," said Rohatgi.
Appearing for Gadoli's relatives, advocate Sanjay Parikh said as per the settled preposition of law, inquiry by a judicial magistrate needs to be conducted into the incident, as it was an alleged police encounter. He said the high court has stated that there cannot be two FIRs into the same incident and there cannot be a magisterial inquiry into it.
To this, the bench said, "There can be two versions. There can be two FIRs and even two charge sheets regarding the same incident."
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