Early Times Report
JAMMU, Mar 24: A division bench of J&K High Court Jammu Wing comprising Justice Dhiraj Singh Thakur and Justice Rajnesh Oswal after hearing ASGI Vishal Sharma for the National Investigating Agency (NIA) set-aside the order of NIA Court to the extent discharging the accused for the offences punishable under Section 120-B and 121-A of the RPC.
The DB also directed NIA Court to frame charges for commission of offence under Section 121-A and 120-B RPC. The NIA said that they have filed charge sheet against three Kashmiris for their alleged involvement in Jhajjar Kotli, Jammu, encounter in which three militants were killed in September 2018.
Soon after the encounter, NIA had registered a case vide number RC-29&30/2018/NIA/DLI. It is worthwhile to mention here that on 12 September 2018 early morning while checking of a Kashmir bound truck, the flying squad of Jhajjar Kotli Police Station Jammu was fired upon by three militants of Jaish e Mohammed (JeM) sitting in cargo cabin.
After firing, he said, militants ran towards adjoining forest area injuring one civilian on the way. He said two Over Ground Workers (OGWs) of JeM namely Muhammad Iqbal Rather, resident of Fultipora, District Budgam, and Riyaz Ahmed Nengroo resident of Hajin Bala, District Pulwama, were arrested from the scene of crime.
He said that huge cache of arms ammunitions, explosives and combat equipment were seized from the truck in which the three militants were being ferried by the arrested OGWs. In this connection, he said an FIR No. 89/2018 dated 12.09.2018 u/s 307, 120-B, 121, 122 & 123 Ranbir Penal Code, Sec 7, 25, 26, 27 of Indian Arms Act and Sec 16 & 18 of UA(P) Act was registered at Police Station Jhajjar Kotli, Jammu.
The charge sheet has been filed against three accused persons – Muhammad Iqbal Rather of Futlipora, District Budgam who was a BSc Nursing student at SKIMS, Ashaq Ahmed Nengroo of Rajpora, District Pulwama who was a trucker by profession and Riyaz Ahmed Nengroo of Hanjin Bala, District Pulwama who is also a trucker and brother of accused Ashaq Ahmed Nengroo.
The DB observed that the NIA, upon completion of the investigation, an investigation report was sent to the District Magistrate Reasi and the District Magistrate, Jammu. On the basis of this report a complaint under Section 196 and 196-A of the Code of Criminal Procedure for prosecution of the accused for the offences under Section 120-B read with Section 121-A of the RPC was forwarded by the competent authority i.e., District Magistrate, Reasi and District Magistrate, Jammu, to the NIA Court at Jammu.
The Special Judge NIA, Jammu, after hearing the parties, by virtue of the impugned order dated 25.02.2020 framed charges against the respondents under Section 307 RPC, Sections 7/25, 35 of the Arms Act, Section 4/5 of Explosive Substance Act, Sections 13, 18, 19, 20, 21, 38 and 39 of the Unlawful Activities (Prevention) Act, Section 6(1A) Indian Wireless and Telegraph Act and Section 14(c) Foreigners Act read with Section 120-B RPC and at the same time ordered their discharge under Section 121-A of RPC. The Division bench after hearing ASGI observed that we have no hesitation in holding that the investigating agency could have investigated not only the offences which were cognizable but even those which were non-cognizable. The DB said that it was not mandatory for the District Magistrate to first order a preliminary investigation before filing a complaint in terms of Section 196-A of the Code of Criminal Procedure, Svt., 1989; and (c) that the communication dated 2nd March, 2019 can be said to be a complaint in terms of Section 196-A of the Code of Criminal Procedure, Svt., 1989. 23.
For the reasons mentioned above, we cannot persuade ourselves to accept the view expressed by the NIA Court to the extent of discharging the respondents for the offences punishable under Section 120-B and 121-A of the RPC. The impugned judgment and order to that extent is, therefore, set aside. Trial Court is directed to frame the charges for commission of offence under Section 121-A and 120-B RPC, the court observed. |
