Petition in Bombay HC seeks CBI probe of 'fake encounter' in Mumbai hostage case

A petition was filed in the Bombay High Court on Monday seeking a CBI (Central Bureau of Investigation) probe into the alleged 'fake encounter' killing of Rohit Arya, who was shot dead by police during a rescue operation after he held 17 children and two adults hostage at a recording studio in Mumbai's Powai area on 30 October.

The petition, submitted by Shobha Buddhivant through advocate Nitin Satpute, contended that Arya was "killed under the pretext of self-defence and retaliation at the behest of a political leader".

It sought transfer of the investigation to the CBI, alleging bias and inadequate transparency in the ongoing inquiry.

According to the plea, Arya was experiencing mental stress purportedly linked to pending dues that, the petitioner claimed, were not settled by the state government.

The petition argued that the circumstances surrounding the police firing required an independent probe, stating that officers could have "shot Arya below the waist" to neutralise him instead of firing a fatal shot.

The incident occurred when Arya allegedly took 17 children and two adults hostage inside a recording studio in Mumbai. Police said he was armed with an air gun and had fired at officers, prompting a response during which Arya suffered a bullet injury. He was taken to hospital and later declared dead.

The matter is currently being investigated by a magistrate and the Mumbai Police crime branch, in accordance with protocol for cases involving deaths in police action.

The petitioner, however, argued that given the seriousness of the allegations and public interest involved, an independent central agency investigation was necessary to ensure accountability and maintain public confidence in the process.

The plea stated that Arya’s actions were the product of mental distress rather than criminal motive, and urged the court to consider whether the police response was proportionate and in compliance with established procedures for hostage-rescue operations.

Magisterial inquiries and internal reviews are standard procedure in cases where police use lethal force. Courts have previously emphasised the need for thorough scrutiny in encounter-related deaths to rule out excessive force or misconduct. The petition seeks judicial oversight of the investigation until a CBI probe is ordered.

The High Court is expected to take up the matter for further hearing in due course.

With PTI inputs