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| DB dismisses SI’s appeal involved in custodial death, rape case | | |
JAMMU, JULY 13- Division Bench of Jammu and Kashmir High Court, Jammu wing, comprising Acting Chief Justice Aftab Alam and Justice Nirmal Singh, dismissed an appeal filed by Urfan Wani Sub-Inspector under suspension against the direction passed by Single Judge on June 6, 2007 for institution of FIR with regard to the alleged custodial death of one Rishi Kumar brother of petitioner in the writ Court and alleged rape committed on petitioner/respondent, dismissed the appeal with the observation that on hearing counsel for the appellant Adv A M Malik, DB observed that “ We are not inclined to interfere in the matter, however clarify that any observation or remarks made in the order under appeal shall not come in the way of Special Investigating team in making an independent, honest and objective investigation of the matter.
In the appeal filed through Adv SS Ahmed in which challenged the direction of Writ Court dated June 6, 2007 passed by Justice YP Nargotra on various grounds including the medical report and submitted that the appellant being already under suspension due to the registration of FIR and his subsequent arrest by the Thathri police. Under these set of circumstances, the disposal of the petition without hearing the appellant has adversely affected the appellant and thus the impugned judgment needs to be set-aside.
Justice YP Nargotra further observed that as per the allegations made in the petition, the case of the death of the deceased Rishi Kumar is the result of torture during the police custody. The allegation made in the petition itself disclosed a commission of non-cognizable offence which requires registration of a case and regular investigation. In this view of the matter it is directed that P/S Thathri shall register a case for commission of offence of murder of deceased Rishi Kumar, caused during the custody of police by torture. After case is registered it shall be investigated by a Special Team of Police officer to be constituted by the IGP Jammu. Such team shall be headed by an officer who is not below the rank of SSP. The investigating team shall submit the status report of the investigation to the registry of this Court after one month.
AAG Mr. BS Salathia submitted that it would be appropriate and in the interest of justice that the same special team also investigates into FIR 21/2007 registered for the commission of offence of murder of Madan Lal and FIR 27/2007 registered u/s 376/343 RPC (rape) on the allegations of rape committed upon the petitioner allegedly by Urfan Wani IO. In view of the facts, these two FIRs and the FIR to be registered are intertwined ordered accordingly.
DB after hearing the counsel for the appellant Urfan Wani observed that the counsel submitted that there was no occasion for instituting an FIR as the death of the Rishi Kumar was the subject matter of enquiry before the Additional DC and SSP and those enquiries were not yet complete. He also submitted that the order under appeal was passed without issuing any notice to him or affording him an opportunity of hearing. The Division Bench comprising Acting Chief Justice Aftab Alam and Justice Nirmal Singh declined to interfere in the matter an dismissed the appeal.
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