High Court pulls up Investigating Officer for ‘casual approach’

Directs SSP To Monitor Investigation, Seeks Case Diaries Every Month

2010 ANANTNAG KILLINGS

D A RASHID

Srinagar, Dec 24: The Jammu and Kashmir High Court has directed the investigating officer (IO) probing the case of killing of two youth at Khanabal in South Kashmir’s Anantnag (Islamabad) district in 2010 to be present in the court on each hearing with complete case diary.
 The Court asked the Senior Superintendent of Police Anantnag to monitor the investigation carried out by the IO (DySP headquarters Anantnag) directing him (SSP) to sign each page of investigation (Zimini) prepared.
 The court said all the case diaries shall be produced in the first week of every month before the local magistrate for his perusal and initials.
 The court made it clear to the IO that on the next date of hearing he shall file a fresh status report accompanied by his own affidavit, saying “it otherwise gives an impression that he is intentionally avoiding to do so.”       
 The court listed the case for hearing the second week of February 2013.
 Counsel for the victim families, Mian Abdul Qayoom told the court that he came to know about the Fresh FIR ( 361/2012) registered under section 302 (murder) of RPC on November 19, 2012 regarding the incident only after going through the status report filed by the police.
 Qayoom informed the court that it was easy to get information from District Magistrate Anantnag about if curfew was imposed on September 18, 2010 when the firing incident took place, saying “it sans sense to waste time in getting information as the same is already available in official records.”
 He argued that contents of para 8 of the status report are evasive as it has not been made clear whether any publicity was made to invite the public to get their statements recorded.
 Qayoom told the court that after the registration of the case on November 19, 2012, there is no progress into the investigation. He said the investigation is delayed intentionally to avoid coming out with truth.
 Additional Advocate General, M A Chashoo informed the court that statements of Avtar Singh of Tral, Nazir Ahmad Mir of Mir Bazar, Ravi Singh of Palpora, Mushtaq Ahmad Khan of Aachida and Mehrajudin of Ashijipora have already been recorded. He said after December 7, 2012 the prosecuting agency has not shown any progress in the investigation,
 The court said it appears that the IO is once again taking the matter in a very casual manner, saying before recording statements of the witnesses, he should have approached the compliant party to know the complete facts of the case.
 The Court observed that the status report is evasive in nature saying otherwise it should have been accompanied by an affidavit of DySP who is investigating the case. 
 The Court said publicity through a newspaper with largest circulation in valley should be given for registering the statements of the witnesses in the case.
The Case
 The petitioners had filed a complaint before the CJM wherein it was stated that on September 13, 2010 some boys were chased by forces and Maroof Ahmad Khan a college student was drowned.
 The complainants had stated that the student’s body was fished out on September 18 and while the body was carried for last rites, the procession was fired at KP road near Delhi Darbar restaurant. They stated that Bilal Ahmad Najar and Noor ul Amin Dugga were waiting outside Ahlihadees Masjid Khanabal to offer Namaz-e-Jinazah which is one and a half kilometers away from the Delhi Drabar Hotel and they were not part of the procession but were fired upon and died in hospital later.

Lastupdate on : Mon, 24 Dec 2012 21:30:00 Makkah time
Lastupdate on : Mon, 24 Dec 2012 18:30:00 GMT
Lastupdate on : Tue, 25 Dec 2012 00:00:00 IST




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