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| Orders DIG Udhampur-Doda to file SIT report or appear in person | | HC takes cognizance of non compliance | | Early Times Report
Jammu, Mar 5 : The High Court of Jammu and Kashmir today directed the Deputy Inspector General of Police, Doda-Udhampur Range to file the compliance report of order passed 27.01.2014 by the High Court to register an FIR in an alleged murder case and to file SIT report in the case titled "Habibullah v/s State of J&K and Ors." by or before the next date of hearing failing which his personal appearance in the Court is indispensable. The Bench presided by Justice MY Mir, after hearing the counsel, Srishti Paul Mengi Advocate appearing for Habibullha, the father of the deceased, observed that despite the directions dated 27-01-2014 passed by this High Court directing the SHO, Chanderkote to register FIR under section 302 RPC in compliance with the District Magistrate's order and Deputy Inspector General of Police, Doda-Udhampur range was directed to constitute a Special Investigating Team (SIT) headed by an officer not below the rank of Superintendent of Police to investigate the case with further directions to submit the status report on the next date of hearing fixed by the court but nothing has been done. Taking the cognizance of non-compliance of its order Dt. 27-01-2014, the High Court directed the DIG to ensure filing of compliance report by or before the next date of hearing and in case of default to ensure his personal appearance in the Court. The case is ordered to be listed in the week commencing 24th of March, 2014. As per the petition, one Mst. Sameena Begum aged around 23 years W/o Mohd. Ashraf R/o Karma Pingli Sawani, Chanderkote, Ramban died in suspicious circumstances on 08-06-2012, leaving behind two sons one is of 4 yrs and the other of 10 months. Police claimed to have initiated Inquest proceedings under section 174 CrPC that remained lingered on.
The Petitioner Habibullah, the father of the deceased alleged that the police was helping the in-laws of the deceased has confiscated the weapon of the offence (i.e. Darati), the samples of blood vomited and broken teeth of the deceased, thereby destroying the medical evidence.14-02-2013 approached the Hon'ble High Court. On the same day the Hon'ble Court directed the Police Station Chanderkote, Ramban, to finalise proceedings initiated under section 174 CrPC, and file status report within three weeks. Feeling aggrieved of the police report the father of the deceased approached the District Magistrate, Ramban with an application, alleging that his daughter was subjected to cruelty and murdered by her in-laws. The DM, Ramban after going through the application and also case diary (CD) file found the investigating officers, Mohd. Rafiq and Mohd. Hussain, Sub Inspectors of JKP had conducted investigation in a casual manner. District Magistrate, Ramban in a well reasoned order, recorded his disagreement with the investigation conducted and directed registration of case FIR under section 302 RPC at police station, Chanderkote and fresh investigation in the matter. Despite the directions from the District Magistrate, Ramban, the Superintendent of Police, Ramban instead of directing registration of FIR opted to make a simple enquiry into the matter.
High Court took a contrary view, and specifically observed that the option of making a simple enquiry into the matter by the Superintendent of Police was neither warranted nor advisable. It was further observed the view of the Superintendent of police is an effort to avoid proper investigation in the matter by the police. High Court, specifically directed SHO police station, Chanderkote to register FIR under section 302 RPC in compliance of the District Magistrate's order and directed the Deputy Inspector General of Police, Doda-Udhampur range to constitute a Special Investigating Team (SIT) headed by an officer not below the rank of Superintendent of Police to investigate the matter. |
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