In 2004, passport case against Pathan, ‘aides’ had been quashed

One of the most glaring holes in the Samirkhan Pathan encounter story is the police claim that he had obtained a fake passport in the name of one Nawab Khan from Bhopal and travelled to Pakistan on the same.

One of the most glaring holes in the Samirkhan Pathan encounter story is the police claim that he had obtained a fake passport in the name of one Nawab Khan from Bhopal and travelled to Pakistan on the same.

Based on his “confessions”, before he was killed in an encounter on October 22, 2002, the police had arrested 12 people and charged them with criminal conspiracy and with waging a war against the country.

When the case came up for trial in the Ahmedabad Sessions Court, the prosecution said that on January 13, 1999, Samirkhan travelled from Delhi to Lahore by Samjhauta Express. That while he obtained a tourist visa for a month, it was extended for 15 days.

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The prosecution added that he joined a training camp in Pakistan, where he learnt to operate sophisticated weapons, and then went to Nepal. From there, they claimed, Samirkhan came to Patna, Mumbai and then Ahmedabad, where he was arrested.

However, when Passport Officer of Bhopal T D Sharma was called by the court for questioning, he submitted that the passport in the name of Nawab Khan had been issued in March 1999. That was two months after the prosecution’s date for Samirkhan’s visit to Pakistan.

The court also pointed out that the prosecution had not been able to seize the fake passport, nor had it been able to verify if such a person had travelled to Pakistan on that particular day.

In its observations on the way police had handled the case, the court said: “The first two pages of the complaint are nothing but narration of an essay…” It noted that the prosecution had been unable to submit any evidence, direct or indirect, to suggest involvement of the 12 people arrested.

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The entire case was created on the basis of the confession of Samirkhan, who was dead, and it seemed nothing but police “fancy”, the court added.

Finding no prima facie case against any of the accused for any offence, the court had discharged all 12.

This order was delivered by then Additional Sessions Judge B N Jani in January 2004. The same was confirmed by the High Court and the Supreme Court subsequently.