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| HC summons record of State Human Rights Commission | | Woman raped in police custody | | Early Times Reporter
Jammu | Nov 7
In a much publicized rape case allegedly committed by Deputy Superintendent of Police, Justice YP Nargotra of J&K High Court Jammu Wing issued notice to respondents and in the meanwhile called for the record of the State Human Rights Commission.
In this much publicized case, Chairperson Jammu and Kashmir Human Rights Commission, Justice MY Kawoosa (rtd) in a complaint filed by prosecutrix had directed IGP Crime and Railway to register the case u/s 376 RPC against Dy SP Suram Singh and one Mohd Khurshid and investigate the same at the highest level. This order of the Commission was challenged by the alleged accused in the State High Court in which Adv Sunil Sethi appeared for the petitioners. In the petition it has been mentioned that on June 10, 2007 prosecutrix was arrested by the police station Surankote and was sent to JIC in allegedly involvement in subversive activities but she was released. According to the allegation when the Commission was holding the sittings at Poonch, the statement of the prosecutrix was recorded. According to her statement during the intervening nights of June 6-7 and June 7-8, 2007, the accused persons committed rape on her when she was in their custody but according to the petition she was arrested on June 10, 2007 as per police records. The Magistrate, on the complaint of the prosecutrix, directed enquiry by the SSP concern and on completion of the enquiry it was established that the allegations leveled by the prosecutrix against the petitioners were false and frivolous and no case was made out against the petitioners. The prosecutrix have the right under the code to take further action in the matter in case she was not satisfied with the enquiry which was conducted by the SSP concerned, but she reported the same allegations before the SHRC on September 5, 2007. The Commission directed the IGP Human Right Commission, to hold an enquiry into the matter, who filed his report and as per the report no offence was established against the petitioner.
In the petition it has been further submitted that SHRC instead of accepting the same passed directions, disagreeing with the enquiry report and directed the police to register a case against the petitioners u/s 376 RPC (rape). It was pointed out by the petitioner that as the matter had already been reported to the Magistrate under the code of Criminal Procedure, which enquiry had already exonerated the petitioners; no jurisdiction was vested with the Commission to look into the allegations or to act as Court of appeal. The Commission, as per the provisions of J&K Protection of SHRC’s Act 1997, has to act on the enquiry which had been conducted as provided by the section 19 of the Act. The petitioners prayed before the Court for quashing the judgment passed by the Commission on October 17, 2007. JNF |
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