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| Court issues summons to AAG two Inspectors of Delhi Police | | Infamous Janipur encounter | | Early Times Report
Jammu, Nov 23 (JNF): In the much publicized encounter between the police and Pakistan militants at Janipur Jammu, in which Saif Ullah Kari was killed whereas other accused Zaffar Iqbal sustained injuries, Principal Sessions Judge Jammu Kartar Singh has issued summon to HA Siddiqui presently AAG, Inspector Sanjay Dutt and Inspector Rahul Kumar Singh of special Delhi Police to summon the witnesses to give their witness in the Court.
Court further said that PP shall ensure that the witnesses are present on the next date of hearing positively. After going through the record, Principal Sessions Judge Jammu Kartar Singh observed that the statements of prosecution witnesses Hussain Ahmed Sidiqui presently posted as Additional Advocate General J&K Jammu, Inspector Sanjay Dutt and Inspector Rahul Kumar Singh are necessary for the just decision of the case. Therefore, by invoking powers conferred under section 540 Cr.P.C. it is directed that these witnesses be summoned to give their evidence in the court.
PP shall ensure that the witnesses are present on the next date of hearing positively. According to the prosecution case that on 11.8.2007 at about 3 AM a team of Delhi police and Special Branch of J&K Police cordoned the house of one Abdul Rehman son of Mohammad Asgar at Ramzanpura, Janipur, Jammu in order to effect arrest of a militant namely Saif Ullah Kari, who was involved in FIR No.122/05 of Police Station Special Cell, Delhi.
However, the militant who was accompanied by another militant, while opening fire from an automatic weapon from inside the house, attempted to flee from backside of the house.
The police party returned the fire as a result of which the militant Saif Ullah Kari died on spot and the other accused Zaffar Iqbal sustained injuries.
SI Davinder Sharma of Delhi Police also sustained injuries due to firing by the militants. The incident led to registration of case under FIR No.103/2007 for the commission of offence under section 7/25 Arms Act, 121-A, 120-B and 307 RPC and 4/5/ ES Act with P/s Janipur, Jammu and final report was submitted in the court.
The trial of the accused commenced and the case reached at its final stage of arguments. During the course of arguments it has come to the notice of the court that Hussain Ahmed Sidiqui, Advocate, who is brother of accused Maqsooda Khatoon, is witness to the seizure memo and recovery of the Hawala amount which was produced before the police by Khadam Hussain but he has been given up by the PP as he was hostile witness being brother of the accused.
He is an important officer of the State and is holding the post of Additional Advocate General. Court observed that it was not job of PP to give him up as being hostile without examining him in the court. In case he is hostile witness, he would have explained the circumstances for not supporting the prosecution story and in this way he would have unfolded the real story. Therefore, his statement is essential for the just decision of the case.
Court further observed that the record further reveals that during trial prosecution witnesses namely Inspector, Sanjay Dutt and Inspector, Rahul Kumar Singh of Special Cell of Delhi Police, Delhi have appeared in the court but their statements could not be recorded during to absence of the accused. Both these witnesses are material witnesses in this case, because they are eye witnesses and took part in the operation in which Pakistan militant Saif Ullah Kari was killed and another militant arrested.
Their statements are also necessary for the just decision of the case. PP had earlier filed a vague application under section 540 Cr.P.C. and he did not specify the purpose of summoning these witnesses. He made a general prayer that all the left over prosecution witnesses be summoned without specifying the purpose as to how their statements are necessary for the just decision of the case and on the said reason it was rejected. |
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