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| Gool killing case: HC directs SP Ramban, Ors to comply with CJM's directions | | | early times report
JAMMU, Dec 15: Justice Dheeraj Singh Thakur of the J&K High Court at Jammu has directed respondents State of J&K through Commissioner/ Secretary Home Department, Civil Secretariat, Srinagar, Director General of Police Jammu PHQ, Srinagar, SSP Ramban Ramban and Dy SP Headquarters Ramban I/c SIT in FIR no. 54/2013 Police Station Gool to comply with the directions of CJM Ramban in the application of the petitioner, as submitted by the State Counsel and granted four weeks time for the same.
It may be mentioned that the CJM Ramban had directed the Investigating Officer to comply with the mandate of 164 A CrPC and get the statements recorded under law and in case the statement is not recorded than the witnesses and the petitioner be informed in writing besides other directions.
Justice Thakur passed this Order in a writ petition filed by Abdul Rehman Shan of Gool through Advocates A K Sawhney and Aseem Sawhney.
On 18th July 2013 the petitioner's son namely Manzoor Ahmed Shan who was serving as a Lecturer in Govt Higher Secondary School Thatharka, Teh Gool Distt Ramban was allegedly shot dead by the accused Mohd Afzal Wani, Sub Inspector of Police - Incharge Police Post Sangaldan. Four civilians were killed, and 42 were injured in the incident.
That at the said spot where killing of the petitioner's son took place the SSP Ramban Javed Ahmed Matoo, respondent no. 3 and respondent no. 4- DySP Headquarter Ramban- Parbeet Singh Parihar, DySP Gool Deepak, were present besides accused - Mohd Afzal Wani - Sub Inspector and scores of police and BSF personnel . In the presence of these officers the accused, opened firing towards the son of the petitioner who was neither pelting stones nor was armed or doing any illegal act. The son of the petitioner was killed on spot due to the spraying of bullets by the accused.
So much so that the FIR for murder was registered against the said accused- Sub Inspector Mohd Afzal Wani under section 302 RPC at Police Station Gool. The Chief Judicial Magistrate Ramban had reiterated that the IO/ respondent no. 4 in this case was duty bound to get the statements recorded u/s 164 CrPC while the offence is punishable with death or 7 years whose statement appears to him to be material and essential for proper investigation.
Sawhney submitted that as per the directions of CJM Ramban the petitioner again took the witnesses to the respondent no. 4 on 17.9.2013 but neither the witnesses were examined not any statement got recorded under section 164 A CRPC which the I.O is duty bound in a case u/s 302 RPC, even the decision was not communicated in writing to the petitioner. Therefore the petitioner apprehends unfair investigation at the hands of the respondent no. 4.
On this the State Counsel Gagan Basotra Sr AAG submiited that 25 eye witnesses were recorded u/s 164 A CrPC and 68 witnesses recorded under section 161 CrPC and said that the directions as issued by the CJM Ramban shall be complied with and sought four weeks time in this regard, which the Court granted and directed the case to be listed after four weeks. |
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