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Alleged custodial death, rape in custody
HC orders medical examination through Board of Doctors
5/29/2007 12:05:18 AM


JAMMU, MAY 28
In alleged custodial death and rape of a minor in the police custody, Justice YP Nargotra of Jammu and Kashmir High Court, Jammu wing, today directed Principal Government Medical College to constitute a medical Board and submit report about the medical examination of Ujla Devi.
This order passed in the interest of general public of the area of District Doda, Justice Nargotra, after hearing Advocate Ramesh Arora appearing for the petitioner and Mr. ML Mehra Additional Superintendent of Police Bhaderwah adjourned the case with the direction to Mr. Mehra to file the complete status report of the case on the next date of hearing. The Court also directed Mehra to get the medical examination conducted of the accused persons who are in judicial custody in connection with FIR 21, 2007 registered in P/S Thathri. The medical examination shall be conducted through Medical Board, which shall be constituted by the Principal GMC Jammu, the Court ordered. The Principal GMC has been asked to submit the medical report of the board.
These significant orders were passed by the High Court in a writ petition filed by Ujla Devi in which it has been submitted that on April 1, 2007, her elder brother Madan Lal s/o Falil Singh r/o Dokhi District Doda was killed by some unidentified persons and his dead body was found at a distance of 1 KM from the residence in forest area where militant activities are going on and more than 25 persons were killed by militants in the forest range where dead body of Madan Lal was found. It was further submitted that when her brother did not return in the evening, who had gone to collect “Gushi”, the family members including other villages went in search of Madan Lal and the matter was also brought to the notice of police and STF post Dhella. The dead body was found in forest area by STF persons and police. After the post-mortem, the dead body was handed over to family.
In the petition it was further alleged that two boys namely Nissar Ahmed s/o Hassan Din and Altaf s/o Hassan Din were arrested by the police in connection with the murder of Madan Lal. To utter surprise, wife of the deceased Indra Devi, petitioner Ujla Devi, father Falil Singh, Rishi Kumar brother of the deceased, Bodh Raj uncle of deceased were arrested along with other four persons and all were tortured to maximum extent and in inhuman way by using third degree while the brother of petitioner Rishi Kumar was also tortured to the extent that his skin was removed from different parts of his body and was compelled to accept the crime which he had not committed and ultimately died due to torture.
It is further alleged in the petition that not only the police killed the brother in custody; they have committed rape on number of times on a minor girl who happens to be sister of the deceased. It was alleged that petitioner Ujla Devi was kept in a room of sub-Inspector, namely Irfan Wani for three days at first instance, her all clothes were removed, she was beaten and compelled to admit that her brother Madan Lal was killed by her another brother Rishi. On her refusal to accept the illegal advise, which was not true, she was tortured and raped for three days and left for two days and again arrested and continued the same process for more than four days.
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