HC expresses shock, rejects SI's bail


Jammu, July 19: Jammu and Kashmir High Court has expressed “shock” over the alleged involvement of some police officials in the attempts to stage fake encounters in Jammu and Kashmir and frame innocent youth in militancy cases.
 Rejecting the bail plea of Sub Inspector Shiv Krishan Sharma alias Sonu and his PSO Muhammad Ayub allegedly involved in u/s 307/120-B/109/201 RPC and ¾ ESA, 7/25/27 Arms Act and 3 PSSA, the High Court observed that the petitioners were not entitled to bail at this stage.
 Justice Mansoor Ahmed Mir observed that respondents have filed detailed report in a confidential cover, which the court deems it proper to keep the same in a sealed cover after going through the contents. “It is shocking to know that how a police officer is involved in such incidents. Less said is better. The matter is still at threshold”, the court held.
 However, petitioners are at liberty to lay a motion before the Special Judge for grant of bail at appropriate stage, it held adding that any observation made hereinabove shall not cause any prejudice to the petitioners herein.
 “Before parting, Court deem it proper to record herein that the Registry of the High Court has not made efforts right from 2011 to make a communication with the Government for seeking nomination/appointment of a Special Judge under Sabotage Act in Jammu and Kashmir”, the court observed.
 The Government, particularly the Law Department too also remained in a deep slumber, it held adding that this is how the things are moving here and there.
 In 2011 Sanjay Parihar was the Special Judge under the Act. He stands transferred and since then no one has been appointed neither at Jammu nor Srinagar. “In the given circumstances, Registrar General of the High Court is directed to make correspondence with the Commissioner/Secretary, Law Department within a period of two days for nominating all Principal Session Judges as designated Judges under the Sabotages Act for their respective territorial jurisdiction. Commissioner Secretary, Law Department is commanded to issue the requisite notification within next two days”.
 As per the police case the investigation has established that in order to earn out of turn promotion as well as monetary benefits and name and fame, both in public and in the departmental hierarchy, the accused police officials hatched a criminal conspiracy and chalked out a plan to engage two Kashmiri boys, Muzaffar Ahmed son of Khazar Muhammad, Sheikh of Tahab Pulwama and Shahbaz Ahmed son of Abdul Hamid Butt of Pitipura Pulwama as militants with area of operation in Kishtwar and Doda districts.
 The investigation conducted so far has brought startling facts to light that after carrying out the subversive activities, there was every likelihood that the accused were to eliminate both the Kashmiri boys as well as the other accomplices by posing them as “terrorists in order to achieve their nefarious designs”, the police told the court.
 The state pleaded that for petty personal gains/promotion the accused officials had hatched a conspiracy to involve two persons in militancy related activities. As per the plan, both the persons had been given promise for the reward and appointment as SPOs, but the ultimate design was to involve them in fake militancy related activities and then to eliminate them in order to get personal gain/promotion.

Lastupdate on : Fri, 19 Jul 2013 21:30:00 Makkah time
Lastupdate on : Fri, 19 Jul 2013 18:30:00 GMT
Lastupdate on : Sat, 20 Jul 2013 00:00:00 IST

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