HC directs Chief Secretary, DGP to intervene
D A RASHID
Srinagar, Mar 14: The state High Court on Wednesday asked the Chief Secretary and Director General of police to assist the investigation team in securing custody of three Rashtriya Rifles personnel and a renegade (Ikhwani) for their alleged involvement in killing of man in Ganderbal in 1999. The deceased was allegedly picked up by the accused from his home and killed in custody.
“Now the position is that the reality has been unearthed, therefore the IO has to be provided all support by the concerned so as to enable him to complete the investigation and to file chargesheet/challan of the case before the competent court of law,” a single bench of high court directed.
“In the given circumstances it shall be appropriate to direct respondent no 1 (Chief Secretary) and respondent No 2 (DGP) to intervene at their respective levels so as to enable the IO to secure the presence of three identified persons. Also CJM Srinagar shall be at liberty to pass appropriate orders on a petition filed under section 25 of Police Act by the IO,” the court ordered.
The directions were passed on a petition filed by a widow Khatija Begum of Batvina Ganderbal. She had sought reinvestigation in the case pertaining to the kidnapping and custodial killing of her son Sultan Bhat allegedly by an Ikhwani and three personnel of 5 RR.
The petitioner had sought the implementation of the recommendations of SHRC directing the government to reopen the FIR No. 158 of 1999 registered in Police Station Ganderbal.
The SHRC had recommended reinvestigation into the matter and had also directed government to pay exgratia relief of Rs one lakh to the affected family. However, the government had not implemented the recommendations.
After the police investigation, the family had approached the DGP with the request of carrying out a fresh investigation into the case. The DGP referred the case to Crime Branch.
In its report Crime Branch had said the deceased Bhat son of Akbar Bhat of Botwina Ganderbal “ During the intervening night of September 19, 20, 1999, Sultan Bhat was picked up by Army unit of 5 RR stationed at Ganderbal from his residence in association with Ghulam Muhammad Sheikh Mama Ikhwani who was physically guiding and instructing the 5 RR.”
The CB had named Major Adjutant S Sehgal, L Naik Vikram Singh, and Vinod Kumar of the 5 RR as “main accused in the crime.”
The CB had approached Court of CJM Srinagar for issuance of warrant u/s 25 of Police Act against the accused.
The Court had issued summon in respect of the 3 army personnel which was accordingly handed over to Lt Col AAG HQ 03 Sector RR Manasbal to attend the Crime Branch Kashmir but no response was received.
Lastupdate on : Wed, 14 Mar 2012 21:30:00 Makkah time
Lastupdate on : Wed, 14 Mar 2012 18:30:00 GMT
Lastupdate on : Thu, 15 Mar 2012 00:00:00 IST
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