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| HC admits petition issues notice, calls for record | | Raghunath temple attack case | | Jammu, March 15
In a much publicized Fidayeen attack in Raghunath Ji Temple on March 30, 2002, killing many devotees, Justice Mansoor Ahmed Mir of Jammu and Kashmir High Court today admitted the review petition filed by the state government against the Trial Court decision discharging the six accused.
After hearing Additional Advocate General Mr. BS Salathia appearing for the state, Justice Mir admitted petition to hearing and issued notice to six accused returnable within four weeks and called the record of the case.
In the criminal review petition filed by the state against the order of Principal Sessions Judge Jammu dated October 30, 2006 by virtue of which the respondents namely Mehmood Ahmed s/o Ghulam Ahmed r/o Lathong, Maroof Khan s/o Attaullah Khan r/o Mohra Bachhai, Sarfraz Khan s/o Attaullah Khan r/o Mohra Bachhai, Kabir Din s/o Aziz Din r/o Lathong and Munir Hussain Khan s/o Dilawar Khan r/o Samote, Shabit Ahmed s/o Khadam Hussain r/o Mohra Bachhai all of Tehsil Surankote have been discharged at the stage of framing charges offence u/s 3 of Enemy Agent Ordinance, 2/3 of PSS Act, 302/307/120-B RPC. In the petition it has been submitted that Fidayeen attack in Ragunath Temple Jammu on March 30, 2002 at about 10:00 AM, the two armed militants started indiscriminate firing resulting in killing of many devotees and grievous injuries to others present in the temple. However, both the militants were gunned down by the policemen and accordingly a case was registered and investigation started.
During the course of arguments AAG Mr. BS Salathia submitted that the Trial Court without properly appreciating the facts, circumstances of the case and gravity attached thereto discharged all accused and challenged the order of the Trial Court on various grounds including that the Trial Judge while discharging the accused has indicted the prosecution for presenting defective challan before it. The petitioner respectfully submits that the investigation of the case was an up-hill task for the investigating agency as both the assailants were killed on spot by the security forces and it had to pick-up shreds and pieces from here and there in order to successfully work out the entire prosecution story and it was result of hectic efforts and painstaking investigating carried out by the prosecution, the entire trajectory of events preceding attack was brought out of the mob and the challan was presented. He further submitted that the Trial Court suffered from short-comings and the right course available to the Trial Judge was to direct re-investigation into the matter especially in such a sensitive one and seeking the order of Trial Court be set-aside in the interest of the justice. JNF
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