MISSING TRIO PRESUMABLY DEAD: INQUIRY
Srinagar, Sep 3: The Jammu and Kashmir High Court on Tuesday directed all official respondents to file response to the inquiry report filed by Principal and District Judge Kupwara with regard to detention of three men in Kupwara whose whereabouts are still unknown.
The bench of Justice Mansoor Ahmad Mir asked Secretary, Home Department, Union of India, state Financial Commissioner Home Department, Brigadier 68 Mountain Brigade, Trehgam Kupwara, Assistant Central Intelligence Officer, M.H.A. Government, of India, DIG Baramulla, Deputy Commissioner ,Kupwara, S S P Kupwara, SHO Trehgam to file response to the report filed by the IO by or before October 3.
The Court passed the directions on a petition seeking whereabouts of Ishfaq Ahmad Bhat( 24) through of Waipora Bandipora, Bashir Ahamd Lone, 20, of Amargarh Shaharkote Handwara and Bashir Ahmad Mir, 22, of Panjwa, who are missing since 2004.
On the directions of Jammu and Kashmir High Court, Principal and District Sessions Judge Kupwara, Muhammad Ibrahim Wani in June this year conducted an inquiry and submitted the report in JK High Court.
According to the report the detainees– lshfaq Ahmad Bhat, Bashir Ahmad Lone, Bashir Ahmad Mir– were with Manchand Dogra, who was holding the post of Assistant Central Intelligence Officer, M.H.A. Government of India at Chowkibal (Dogra) in 2004 have been subjected to custodial disappearance by him.
The report said the State and Union of India are liable for the acts of omission and commission committed by the respondent Manchand Dogra as he was holding the post of Assistant Central Intelligence Officer Ministry of Home Affairs GOI.”
It further said the whereabouts of the three detainees have not been heard for the last more than 7 years stating presumption can be drawn that they are dead.
“After presuming the detainees as dead, the necessary follow up action needs to be taken by the State and Union functionaries which may include the investigation, grant of ex-gratia relief, compassionate appointment for the dependents of the missing persons or payment of cash compensation in lieu of compassionate appointment etc” the report said. It said the Government may consider relaxation of rules in case the same is necessary.
After concluding the inquiry, the inquiry officer submitted the enquiry report along-along with the record of the enquiry to the Registrar Judicial, High Court of Jammu and Kashmir for placing the same before the High Court.
The petitioners Ishfaq Ahmad Bhat, 24, through his father Ghulam Hassan Bhat of Waipora Bandipora, Bashir Ahamd Lone, 24, through his father Ghulam Muhammad Lone of Amargarh Shaharkote Handwara and Bashir Ahmad Mir, 22, through his father Ghulam Hassan Mir of Panjwa Handwara are seeking various directions in the petition including imposing of costs for illegal detention and action against SHO Trehgam for not registering FIR against Brigadier 68 Mountain Brigade, Trehgam Kupwara, Assistant Central Intelligence Officer, M.H.A. Government, of India, DIG Baramulla, Deputy Commissioner Kupwara.