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| BJP welcomes SC order for CBI enquiry into alleged custodial killing | | | early times report
Jammu, Sept 20: Bhartiya Janata Party has welcomed the order of Supreme Court passed on September 17, 2013 for CBI investigation into the case of custodial death of Rajneesh Kumar in Ram Munshi Bagh Police Station, Srinagar.
BJP Kashmir cell national co-convenor Chander Mohan Sharma (Adv), while addressing a press conference at party headquarters, alongwith family members of Rajneesh Kumar, said that this order of Apex court should serve as an eye opener to the coalition government of J&K.
Chander Mohan Sharma thanked and showered all praise for Pinky Anand, senior advocate Supreme Court of India and her team of advocates for agitating the matter before the apex court.
Sharma also thanked PC Sharma advocate for representing the family of deceased Rajneesh Sharma before State Human Rights Commission J&K, Jammu.
Sharma said after hearing Pinky Anand, Senior Advocate for the aged mother and brother of the deceased, Supreme Court Bench consisting of Justice C.K. Prasad and Justice J.S. Kehar on Wednesday (September 18) directed the CBI to investigate into the death of Rajneesh, who was alleged to have committed suicide in judicial custody in a Police Station in Srinagar, Kashmir, and to submit the report within six months.
Rajneesh Kumar Sharma, 35 years old was found dead in police custody in Ram Munshi Bagh Police station of Srinagar on October 6, 2009.
It was argued by Pinky Anand that the post mortem report itself showed 17 different injuries sustained by the deceased Rajneesh Sharma. Several injuries were found all over body of Rajneesh from the head to legs and both arms. It was further argued that statement of witnesses also showed that Rajneesh Sharma died in Police custody due to police torture and electric shocks.
The case again highlights extreme violence and high handedness of the police officials in cases of inter-religion marriages.
Rajneesh Kumar was arrested by Kashmir Police on the intervening night of 29-30 September, 2009 from Rehari in Jammu region.
Rajneesh and Ameena Yousaf D/o Md. Yousaf Meraji fell in love and decided to get married. The marriage was solemnized on August 21, 2009 at Arya Samaj temple, Janipur, Jammu.
On the same day, the girl Ameena converted to Hinduism and took the name Aanchal. Aanchal's father lodged an FIR at Ram Munshi Bagh Police station accusing Rajneesh and his family of kidnapping his daughter.
Murtaza Ahmed was the SHO and Javed Riyaz Bedar was SP, Srinagar. ASI Abdul was deputed to go to Jammu. In collaboration with the local police, he started harassing Rajneesh's family.
Police officers, Shashi Thakur, SHO and SDPO Shiv Kumar Chauhan of Bakshi Nagar police station started raiding the family and illegally arresting its members. On 2nd October, Rajeesh's brother-in-law (Jija and also his business partner) Kaushal Kumar Sharma was arrested by the police without registering the case and taken to Srinagar. The family hired lawyers from Jammu and went to Srinagar for securing a bail.
The case, however, could not be taken up due to the strong opposition from the local lawyers.
Two post-mortems were conducted on the body of the Rajneesh, one in Srinagar and one in Jammu. The findings suggest severe torture-burning by cigarette butts and hanging upside & down.
The petitioners had prayed for CBI investigation as there was no likelihood of justice from the police authorities. The petitioners had further prayed for compensation and punitive damages of Rs.50 lakhs from the State for the wrongful death of Rajneesh and guidelines to be framed against action of the police in such cases and cases of inter caste/religion marriages.
The Supreme Court gave the petitioners liberty to move for further relief in Supreme Court after the report of CBI.
Meanwhile, the state government had ordered an enquiry by Addl. District Magistrate M.A. Ganai who recorded the statements of various witnesses including Anchal Sharma wife of the deceased, wherein, she had clearly held her two brothers, father, SHO Ram Munshi Bagh and SHO Bakshi Nagar Shashi Thakur responsible for killing of her husband.
However, the report of enquiry was a synchronize version of police report and rejected by the family member of deceased.
The family members of the deceased-Raj Kumari (Mother), Shalu Sharma (sister), Kiran Sharma (sister) and Koushal Sharma (brother-in-law) who were also present in the press conference.
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