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Action on murder charges against Inspector stayed
10/20/2008 10:56:52 PM
EARLY TIMES REPORT
JAMMU, Oct 20: Justice Virender Singh of Jammu and Kashmir High Court today stayed the order passed by the acting Chairperson of State Human Rights Commission and issued notice to the respondents.
SHO Police Station Rajouri Showkat Ali Malik filed a petition in the High Court seeking quashment of order passed by the Acting Chairperson State Human Rights Commission in which the commission recommended registration of murder case against the petitioner and Mohammed Razak and Tasaduk Hussain, police cops, for custodial death of one Showkat Ali.
Taking suo moto cognizance of the custodial death of Showkat Ali son of Haji Mohammed Latif Mugal resident of Chaprian District Rajouri, the SHRC held that the deceased had died in the police custody and held the then SHO, IO, along with two police officials, liable for his death and directed registration of a case against the petitioner and two others. The Commission had also recommended Rs 2 lakh as compensation to the legal heirs of the deceased that was to be paid by the petitioner and two others.
This judgment was challenged in the state High Court in which Sr. Adv MA Goni assisted by Adv AH Bhat appearing for the petitioner Showkat Ali Malik then SHO Rajouri submitted that in the earlier enquiry held by the Additional Deputy Commissioner with regard to the death of Showkat Ali son of Haji Mohd Latif, the petitioner, who was then SHO of Police Station Rajouri, was exonerated, but the Commission in its order had held the petitioner responsible along with other police officials, who were posted with him in the said police station, without affording him an opportunity of being heard.
Justice Virender Singh, after hearing Sr. Adv MA Goni, issued notice to the respondents and in the meanwhile stayed the operation of impugned order dated July 9, 2008 passed by the Acting Chairperson, J&K State Human Rights Commission Srinagar. JNF
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