Court seeks report on samples sent to CFSL
TUFAIL MATOO CASE
D A RASHID
Srinagar, May 23: High Court on Wednesday asked the Director CFSL Chandigarh to make efforts to get the samples taken from the body of first victim of 2010 unrest, Tufail Matoo, examined out of turn at the earliest to enable the Special investigation Team (SIT) to conclude the investigation of the case.
Court of Muzaffar Hussain Attar passed the direction after the SIT probing the death filed the status report indicating that "the samples sent to CFSL Chandigarh are in queue and it is difficult to get the report sooner due to the barrage of samples that are already in pipeline at the laboratory."
The court directed the SP who was present to depute some officials who will go to chandigarh and apprise the CFSL Chandigarh about the directions of the court so that the report could be received at the earliest.
The Court, however, directed that SIT to file the latest status report indicating the manner in which the investigation is conducted besides showing whether the entire evidence has been collected in the matter.
The court has asked the SP heading the SIT to appear in person before it on next date of hearing.
Observing that it is the "constitutional duty to carry out the investigation", the court held that "it is the duty of SIT to ensure that investigation is taken to its logical conclusion at the earliest in keeping with the mandate contained in Article 21 of the constitution of India."
Expressing satisfaction over the investigation of SIT, the court observed that the matter is old one and the investigation showed progress only when SIT was constituted.
While spelling out the importance of justice, the Court held that "it has been time and again making it loud and clear to all that meeting out justice alone can guarantee peace in the society and from the bossom of peace will be born prosperity and development."
While counsel for the petitioner, Mian Tufail Ahmad represented the petitioners, Senior Additional Advocate General, A M Magray defended the state in the case.
In its earlier report submitted before the court, the SIT had stated that after authentication of the swabs taken from the body of the deceased, advise was sought from Director FSL Srinagar on February 13, 2012 who advised to send the samples to Baba Atomic Research Center Trombay for expert opinion as no such facility is available at FSLs in the State.
The report had stated that subsequently the samples were sent to BARC but they returned the swabs and hair sample with the directions that the analysis can be carried out at Directorate of Forensic Sciences laboratory Maharashtra, Kalina Santa Cruz Mumbai.
Swabs and hair samples were taken to the Forensic Laboratory Kalina Santa Cruz Mumbai. “They returned the swabs with the directions that the facility of such analysis is available at CFSL Chandigarh” the report had said.
The report had maintained that the swabs were finally sent to Director CFSL Chandigarh, however the analysis of the samples have not been taken by the experts till the production of an attested copy of the facsimile of seal used by the Magistrate for sealing of the samples.
As per the report, correspondence was held with the concerned Magistrate who had sealed the samples taken from the body.
The Magistrate had on February 29, 2012 intimated the investigating team that the seal used during collection of the samples was not official and could be obtained from then Tehsildar North presently Tehsildar Chari-e- Sharief, the report had said.
Lastupdate on : Wed, 23 May 2012 21:30:00 Makkah time
Lastupdate on : Wed, 23 May 2012 18:30:00 GMT
Lastupdate on : Thu, 24 May 2012 00:00:00 IST
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