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| HC stays Trial Court proceedings at Srinagar | | Alleged Ganderbal fake encounter case | | Jammu, March 23
Justice YP Nargotra of J&K High Court Jammu wing today on two criminal transfer applications filed by SSP Hans Raj Parihar and Dy SP Bhadur Ram Kaith, involved in much publicized Ganderbal alleged fake encounter case, after hearing Advocate Sunil Sethi and Ashok Parihar appearing for the petitioners and Additional Advocate General Mr. BS Salathia appearing for respondent state, granted 10 days time to state for filling objections. Till then the trail court shall not proceed with the Trial, High Court ordered.
In this much publicized alleged fake encounter case seven police officials were arrayed as accused. The alleged accused Hans Raj Parihar SSP and Bhadur Ram DySP filed a petition seeking transfer of case from Srinagar court to Jammu court or any other court. High Court on March 20, 2007, The High Court had directed the State to file objections on behalf of state, however today the AAG again sought time for filing objections which was granted by the court.
According to the challan presented in the court at Srinagar in which besides other allegations it has been submitted that on December 8, 2006, the accused and prosecution witnesses number 20 and 24 arranged a ‘khan dress and a pheran’ for abductee Abdul Rehman Padder s/o Ghulam Rasool Padder r/o Larnoo, Kokernag, Anantnag, which they arranged. The wearing apparels of Abdul Rehman Padder were changed and handed over to prosecution witness No 22.
According to the challan immediately after killing Padder, the accused Farooq Ahmed and accused Bhadur Ram Kaith on December 9, 2006 took the bullet ridden body of the deceased to SOG camp and kept there till morning and on the receipt of an encounter report of accused No 3 regarding the incident accompanied with the recovery memo attested by the accused DySP and recovered items from the deceased and a case under FIR No 133/2006 u/s 307 RPC r/w section 7/27 Arms Act was got registered in P/S Ganderbal wherein the deceased Abu Hafiz r/o Multan, a Pak militant was shown killed in encounter. On December 9, 2006 at 1245 hours the post mortem of deceased was got conducted, the medical report in respect of autopsy of the deceased was obtained and a cash reward of Rs one lakh was paid to encounter party for killing the Pakistani terrorist. On February 1, 2007 body of the alleged deceased Abu Hafiz was exhumed under the orders of District Magistrate Baramulla in presence of the officers nominated by the DM Baramulla. DNA Experts from CFSL Chandigarh were also associated with the exhumation process, who took the samples and furnished their opinion that exhumed body was of Abdul Rehman Padder s/o Ghulam Rasool Padder of r/o Kokernag and not of Abu Hafiz r/o Pakistan, as claimed. The police seized the ammunition and other empty and during the course of investigation the statement of witnesses testifying the above facts and have been recorded u/s 161 CrPC. Pertaining the seizure of mobile phone BSNL SIM card bearing cell No 9419599929 was seized and challan was presented in the court and fixed hearing on March 24, 2007, which was stayed by the High Court.
In the transfer applications serious allegations have been leveled against the Special Investigation Team and also submitted that services of any advocate of the choice of petitioner is not available at Srinagar and nor any advocate of choice from Jammu or outside Jammu is willing to accept the brief of the petitioners and also submitted that the petitioners in the central jail Srinagar were physically attacked with rods and sticks and mercilessly beaten by the jail-inmates comprising of local militants and under trials and seeking transfer of the case as their life is danger there.
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