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| Handwara incident: HC dismisses petition for high level probe | | | Early Times Report
Srinagar, May 4 : The state high Court today dismissed a petition, seeking a high level probe by a sitting judge in the alleged molestation of a schoolgirl in Handwara and subsequent killing of five persons in the north Kashmir district last month.
"We are of the considered view that this is not a case where this Court would need to take any action in exercise of its inherent powers, for, the State and its functionaries have already taken the required steps envisaged by law. This petition is accordingly dismissed as being unnecessary," a division bench of the court comprising Justices A M Magrey and Tashi Rabstan said.
The state government had objected to the judicial probe and had instead claimed that a seven-member special investigation team headed by DIG north Kashmir has been formed for speedy investigation into the incident. "It is to be borne in mind that petitioner has also prayed that simultaneous with the, conduct of the judicial probe, the FIRs registered at Handwara, Drugmulla, NuthNusa and Kupwara be investigated and, besides preserving the evidence, final reports in terms of Section 173 Cr. P. C. be filed before the appropriate court. The investigating officers/team (should) be directed to visit the spot forthwith and collect all the evidence which may be available on spot and be relevant to the case, so as to make use of the same, before the judicial authority and also in a court of law. In face of this prayer, what would be the function of the judicial authority sought to be appointed," the division bench said and also questioned whether the judicial commission would supervise the investigation or conduct a parallel investigation, that too with the aid of a team of police officers.
Regarding the videography of the girl in the Police Station Handwara and circulation of the video, the court said: "We leave the aggrieved person, if any, free to seek compensation in appropriate proceedings." Last week, the court had reserved the order the decision after hearing petitioner, High Court Bar Association through its president Mian Abdul Qayoom and Advocate General D C Raina. Opposing the probe by a sitting judge, advocate general had pleaded that Supreme Court has sounded a caution that the option should be sparsely exercised in extreme situations if credibility of the institution is in question. "The court is not powerless to order a Judicial probe by a sitting judge, but at the very threshold it is premature to demand judicial probe without allowing the agency to carry forward the probe" he had said and added the SC has discouraged such probe as it would create unnecessary burden on judges. "The newspaper reports cannot be the basis of a PIL as the newspaper reports have no evidence value and cannot be relied upon always," he had said.
In its objection to the PIL, the government said that it has constituted a seven-member special investigation team headed by DIG north Kashmir for "speedy investigation" of cases.
"The respondents along with the common masses fully trust the institutions of government who in no way are asking for an alternative probes. The respondents believe that in the instant case, the state machinery is competent enough to bring all culprits to book even for the slightest crime," the government had said, assuring that justice will prevail in the case.
The government also termed as 'baseless' the KHCBA's plea that that minor girl and his father were illegally detained by police. "The allegations are politically motivated and need not to be considered in light of the issue under reference. It is however submitted that they were under protective custody which was provided to them after girl's father submitted an application about threat."
Qayoom had said there are no chances of getting a fair deal at the hands of the government agencies as they are determined to save the "perpetrators" of the crime, therefore, it is now for the court to act and provide relief to the people by ordering a high level judicial probe to be headed by a sitting judge of the High Court.
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