Write Back

This is in reference a news item that appeared in The Indian Express on July 19 (‘Pathan’s father tells Teesta, others to stay away from case’). I, Shahistakhan A Pathan, filed a criminal complaint on July 13 in the case involving the fake encounter that killed my cousin Samir Khan Pathan. A co-accused along with him, I also underwent the trauma of police torture and am entitled to take the legal course available to me. But when I filed the complaint demanding a CBI probe into Samir’s death, his father threatened me. Since Samir’s murder five years ago, his father has not filed any petition or complaint against the police. The reason is obvious. It is out of frustration that he has accused human rights activists of filing the complaint against the police in my name, as reported in your newspaper. Though I know activists Teesta Setalvad, Javed Akhtar, Shabnam Hashmi and Suhel Tirmizi, for their strenuous efforts towards getting justice for the poor, I have not approached them or been guided by them. Surprisingly, I was not even interviewed by your paper before publishing the news item. It might influence and adversely affect my case, which is to be heard on July 24.
Shahistakhan Pathan

Our correspondent replies:

The story that appeared on July 19 is based on a letter written by Sarafraj Khan, father of Samir Khan. In his letter, Sarafraj categorically stated that he had been pursuing the case right from the beginning when Samir was killed in an encounter. Secondly, he also stated that without having any proof or documents, none should move the court in the way of a petition or a complaint, as has happened in this case. According to him, it would only weaken his case.

It’s true that Shahistakhan, being the cousin of Samir, is entitled to legal course, but according to Samir’s father, the first right rests with him as it was his son who was murdered. Sarafraj Khan has also questioned the motive behind the complaint lodged in 2007, saying that Shahistakhan was nowhere in the picture when Samir’s encounter case was being investigated by the police.