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Following HC directive, body of suspected Kishtwar fake encounter victim exhumed
4/3/2014 11:17:57 PM
Asif Iqbal Naik
JAMMU, Apr 3: Taking cognizance of the petition filed by one Haji Mohammad Aslam father of a young boy who was allegedly killed in police custody and later shown as Pakistani militant, State High Court directed to open the grave and exhume the body of the deceased to establish the identity.
A team of District Administration Kishtwar headed by ADDC Kishtwar Avtar Singh Chib and Additional SP Kishtwar Abdul Qayoom along with a team of doctors and FSL experts today opened the grave of alleged fake encounter victim in Kijai village of Padder Tehsil in Kishtwar District and collected necessary sample for DNA test.
As per the details, the petitioner submitted that his son Mustaq Ahmed who was student of 9th class in Higher Secondary School Thanamandi in District Rajouri went missing in June 2002 while he was on his way to school and despite searches his whereabouts could not be traced. On this the petitioner lodged a missing report at concerned Police Station. After long time, the petitioner came to know through unknown source that the son of the petitioner had joined militant ranks. It had also come into the knowledge of the petitioner that his son was apprehended by one Gulam Qadir and his STF team alive and handed over to SSP Doda.
On receiving this information, the petitioner immediately rushed to Doda where he met with higher police officers and requested them to allow the petitioner to meet his son in custody. The officers though admitted the custody of the son of the petitioner but declined to allow the petitioner to meet him. On getting the assurance and satisfaction that his son has been apprehended and is in police custody and is safe now. The petitioner went back to his village.
After some time, the petitioner contacted the police officer on telephone and requested them to allow the petitioner to meet his son but to the surprise and dismay of the petitioner, the police officers who earlier were apparently were very cordial and sympathizing at once changed their colours and tone and flatly refused and said that neither the son of the petitioner was ever apprehended by them nor was he ever in the police custody.
The petitioner highlighted these details before the Minister and the State Human Right Commission. When nothing substantial could be achieved, he filed habeas corpus petition in the State High Court, in the month of May 2008.
The petitioner received a telephone call and also a letter written by some unknown person writing therein that the son of the petitioner has been killed by the police in police custody at Police Station Doda and his dead body has been buried in a far-flung area in village Kajai Padder.
The petitioner then filed an application before District Magistrate Kishtwar requesting that the grave be opened and the body be exhumed and post-mortem and DNA test be got conducted, so that identity of body is fully established.
However, the officers at the helm of affairs were not deciding on the application of the petitioner and were delaying the exhumation of the body and in a bid to protect the culprits involved in the custodial killing of his son. The petitioner then filed present petition seeking post-mortem and DNA test of the body.
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