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| HC issues notice to respondents | | SSP involved in fake encounter case seeking transfer of case | | JAMMU,March 16
Justice YP Nargotra of J&K High Court Jammu wing in a criminal transfer application filed by the then SSP Ganderbal Hans Raj Parihar involved in much publicized alleged fake encounter case lodged in the Central Jail Srinagar, issued notice to State of J&K through SHO P/S Batmaloo Srinagar and SSP Central Jail Srinagar which were accepted by Mr. BS Salathia Additional Advocate General on behalf of respondents and directed the registry to list along with other transfer application of the same nature.
This transfer application has been filed by the wife of Hans Raj Parihar on various grounds including that no legal services of any advocate of the choice of the petitioner is available at Srinagar nor any advocate of his choice from Jammu or outside is willing to accept the brief of the petitioner and conduct his case to defend him at Srinagar. She submitted that the family members and relations is not in a position to personally go to Srinagar because of security reasons and threats extending to them because of the immensely surcharged and hostile atmosphere created in the entire Kashmir Valley in the name of alleged killings of innocent civilians in the guise of fake encounters by the Ganderbal police headed by petitioner as SSP Ganderbal, as such through this petition seeking the transfer of the criminal challan titled State Vs Hans Raj Parihar and Ors u/s 302, 364 and 120-B RPC from the court of Sessions Judge Srinagar to any other criminal court of equal or superior jurisdiction at Jammu or any other court outside the Kashmir Valley.
Advocate Ashok Parihar appearing on behalf of the petitioner in his arguments refereed statements of various political leaders and quoted statement of Professor Bhim Singh of JKNPP whereby he ( Singh) said that a judicial probe by a sitting High Court Judge should be ordered against the petitioner as the IGP Kashmir and DIG CKR, Srinagar themselves were involved in the episode as they had awarded the cash rewards for this killing without any recommendation of the SSP Ganderbal and as such it was demanded that the case should be referred to CBI for holding independent enquiry. In the petition it has been submitted that DGP constituted a Special Investigation Team (SIT) to be headed by Farooq Ahmed DIG CKR, Srinagar who is known as ‘Farooq Military’ because of his past links with the ‘Alfatha’. It was alleged in the petition that petitioner at time of his lodgment in the Central Jail Srinagar was physically attacked with rods and sticks and mercilessly beaten by the jail-inmates comprising of local militants and under-trial prisoners, when SSP central jail Srinagar at the behest of Higher Police Officers let them loose. This incident was denied by the SSP Central Jail when some independent secret agencies sought the conformation and local papers carry this report.
The petitioner prayed before the court that keeping in view the submissions made in the petition the court may be pleased to allow this criminal transfer application by passing an appropriate order. |
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