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| HC directs DIG Crime to monitor investigation into murder of NC leader | | | Early Times Reporter
Jammu | Apr 8
Justice JP Singh of J&K High Court Jammu Wing in murder of National Conference leader and Sarpanch, directed DIG Crime and Railway Jammu to monitor the investigation of FIR NO 22/2007 P/S Gandoh u/s 302, 341, 109 RPC to ensure that the investigation proceeds in a fair manner and those found responsible for the commission of offence are brought to book in accordance with law.
This direction has been issued by the High Court in a petition filed by Ghulam Rasool Rather, cousin of deceased Ghulam Mohd Rather r/o Goilbar Tehsil Gandoh, who was murdered by the accused persons in the evening of November 16, 2006, seeking investigation of the case from CBI or Crime Branch.
During pendency of this petition, the DGP issued order on June 16, 2007 transferring the investigation of the case to Crime Branch Jammu. AAG BS Salathia informed that after the investigation, the Crime Branch has been busy with the investigation of the case.
On the other hand Sr. Adv MA Goni appearing for the petitioner submitted that despite their being evidence on record including statements of witnesses recorded u/s 164 Cr PC, the IO had not taken requisite steps to apprehend those who had been proved to be involved in the case.
Justice Singh, after considering the statements of both the sides, observed that with the transfer of investigation of FIR to the Crime Branch nothing remains in this case for adjudication. At the same time it cannot be lost sight of that the state, as, it is duty bound to ensure that fair investigation was carried out so that those found responsible for the commission of offence do not escape the process of law. This is additionally so because the common man pin high hopes in the state machinery and legitimately expects it to see that those found guilty of the offences do not go scot-free.
Without commenting upon the allegations made by Sr. Adv MA Goni regarding in action of Investigating Officer to book the culprits, Justice Singh observed that state should function in such a way that its expected fairness does not come in a criticism by the public, for such a course, adversely effect the legitimate expectations of the common man and maintenance of rule of law in the society and further directed DIG Crime and Railway Jammu that he shall furnish monthly status report regarding investigation of the case to this Court.
It has been submitted in the petition that the deceased Ghulam Mohd Rather happened to be childhood friend and class fellow of present State Chief Minister Ghulam Nabi Azad. The petitioner and the relation of deceased approached the Chief Minister, who belongs to the same area, and happens to be childhood friend and class-fellow of deceased Ghulam Mohd Rather, as by that time sequence of events was clearly indicating a conspiracy having been hatched by one Abdul Rashid brother-in-law of Mohd Sharief Naiz former power minister presently MLC, his nephew Fiaz Mohd and Mohd Younis along with other private respondents under the guidance of Mohd Sharief Niaz for doing away with the life of deceased Ghulam Mohd Rather. Chief Minister when informed about the whole episode by a delegation of the people of the area headed by ex-MLC Mohd Iqbal Bhat at his residence on February 5, 2007, who immediately asked IGP Crime & Railways and instructed him on telephone to look into the matter seriously and not to spare any one whosoever influential he may be. Immediately thereafter it seems that Faqir Mohd appeared before IG Crime & Railway and disclosed the names of the persons involved in the heinous crime. JNF |
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