Jammu, Oct 31: Amid controversy over Armed Forces Special Powers Act (AFSPA), Jammu and Kashmir High Court Monday stayed the execution of warrants against a solider, booked by the police for allegedly planting a `fake’ Improvised Explosive Device (IED) in Jammu outskirts.
 The order was passed by Justice JP Singh of Jammu and Kashmir High Court, Jammu Wing in a criminal revision petition filed by Commanding Officer Infantry Battalion against the order issued by City Judge Jammu.
 The trial court had issued warrants of arrest against the accused solider, Sepoy Bishan Lal, after army refused to handover his custody to the police for the investigation of a case registered on September 23, 2011 under section 120-B RPC and 4 ESA. The army had challenged the police action and desired that it would probe the matter itself.
 The HC issued notice to the State, which was accepted by the Deputy AG, and called the record of the case from the trail court.
 Directing listing of the case after two weeks, the court – in an interim direction - stayed the operation of order issued by City Judge Jammu on October 20, 2011 with regard to the execution of warrants (through DIG) to secure the custody of the accused solider.
 According to the police case, an IED was recovered at Satwari-Belicharan Road on September 23 on specific information provided by the locals, who noticed the suspicious object lying on the road side. After enquiry, police claimed, it was ascertained that the IED was planted by Sepoy Bishan Lal alias Bobby S/o Girdhari Lal, with the objective to get it recovered and seek service benefits.
 As the request of the police to handover the custody of the accused solider was not conceded by the army, it moved to the court which issued an arrest warrant. The army also filed a separate application before the court seeking transfer of the investigation to the army.

Lastupdate on : Mon, 31 Oct 2011 21:30:00 Makkah time
Lastupdate on : Mon, 31 Oct 2011 18:30:00 GMT
Lastupdate on : Tue, 1 Nov 2011 00:00:00 IST