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| HC issued directions to DC Kishtwar in alleged custodial death of boy | | | Early Times Report
Jammu, Nov 21 (JNF): In a petition filed by the father of young boy who allegedly killed in police custody (shown as Pakistani militant) seeking direction to open the grave and the body exhumed and post-mortem be got conducted and also conduct DNA Test, so that identity of the dead-body is fully established, Justice DS Thakur of J&K High Court Jammu wing after hearing both sides observed that by virtue of order dated 24/10/2013, it was apparent that with a view to take a decision by the Deputy Commissioner, Kishtwar it was thought necessary to have a report from the Forensic Science Laboratory (FSL) for purpose of establishing the identity of the deceased. In this regard, photographs were made available to the FSL, Chandigarh for a scientific report. The Assistant Scientific Officer, Photography, J&K FSL, Jammu however, expressed its inability to submit a definite conclusion having regard to the photographic technique available and the material that was at hand with the Laboratory. According to AAG HA Siddiqui, the Deputy Commissioner, Kishtwar by virture of letter dated 16.11.2013 has referred the issue to the Director, Central Forensic Scientific Laboratory, Chandigarh. The entire effort is to scientifically determine the identity of the decease with reference to the photographs that are available with the police Agency and the photographs that have been provided by the petitioner. Learned counsel submits that it is only on the basis of some scientific material that the Deputy Commissioner can take an effective decision. He submits that a further opportunity of four weeks' be granted to him with a view to take an effective decision in this regard. Adv SS Ahmed appearing for the petitioner submits that the process adopted by the Deputy Commissioner, Kishtwar for the purpose of taking a decision based upon scientific report of the FSL on the basis of photographs is absolutely ridiculous and that the proper procedure to be adopted should be DNA profiling which is possible only after exhumation.
Justice DS Thakur appearing directed Deputy Commissioner, Kishtwar while taking a decision shall also keep in mind this particular aspect of the matter as to whether DNA profiling is necessary to come to a proper conclusion. Let a decision be taken positively within a period of four weeks.
The Deputy Commissioner shall ensure a personal messenger to be sent to the Central Forensic Scientific Laboratory, Chandigarh to obtain the requisite results not later than two weeks. |
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