x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Terrorist country Pak wants to derail J&K’s development journey: LG Sinha | LG visits Nunwan base camp, interacts with pilgrims, officials, others | RSS to reach every home during centenary year | Op Sindoor led to increase in demand for indigenous defence products: Rajnath Singh | Army, Defence Minister pay tribute to Capt Batra | Azad unofficially disbands DPAP as key leaders desert party! | Pahalgam terror attack: NIA gets custody of 2 accused for 10 more days | Day 5: 23,857 pilgrims pay obeisance, figure crosses 90,000 mark | 3 yatris among 4 injured in Anantnag accident | Court rejects bail of woman involved in terror activities | BSF jawan shoots himself dead | 2 civilians stranded on landslide-hit road rescued | Kashmir: Schools to reopen today | Mission Director HADP inaugurates capacity building programme of FPO’s | Conduct of Medical Patrol for Awam at Songri, Rajouri | Ex-Servicemen Rally, outreach Program conducted | Shri Amar Kshatriya Rajput Sabha holds meeting | Awareness Camp organized under Dharti Aaba Janjatiya Utkarsh Abhiyan | Take Modi government’s 11 years of achievements to every household: Balbir | Empowering Voices of Justice: National Gurjar Advocates Conference held | Two-day Shoulder Rehabilitation workshop organises | DLSA Srinagar organizes awareness programme on drug abuse | Amarnath Yatra a spiritual & religious journey | Invisible Walls | Parched Paradise: Scorching heat dries up Kashmir’s Summer Charm | LG Sinha’s Rallying Call | BNI J&K hosts 4th edition, uniting 300 business leaders from across India, honoring top | One notorious drug peddler nabbed by Jammu Police | Himachal Rains: Rescue Operations On To Trace 30 Missing After Cloudbursts, Landslips In Mandi | Police arrests a drug peddler from Bus Stand | BRO CE calls on Dy CM; discusses road infra in Jammu province | Adityanath pays tributes to Kargil martyr Captain Vikram Batra on death anniversary | Delhi Speaker meets Amit Shah, briefs about ongoing initiatives in Assembly | Youtuber Jyoti Malhotra's Judicial Custody Extended By 14 Days In Espionage Case | ISRO Chief Dr V Narayanan meets CM Yogi, explores dedicated satellite for Uttar Pradesh | 'Approval for Phase IV of the Pradhan Mantri Gram Sadak Yojana will be given as per the state's proposal' - Shri Shivraj Singh | NFR Strengthens Safety Measures for Monsoon Operations | DIG JKS Range Shiv Kumar IPS conduct Security Review | HC dismissed petition with costs Rs 50000 | Elderly man loses Rs 73.72 lakh in gold trading draud after meeting woman on dating app | Luggage packed, will move out of official residence: Ex-CJI DY Chandrachud | Van Mahotsav 2025: Forest Dept to plant 3.5 crore saplings along riverbanks | Shrine Board Judokas to represent India at International Competitions | International recognition of cross-border terrorism validates India's stand: Kavinder Gupta | DC Kulgam takes review of Mission YUVA; assesses implementation, progress | Sheep Husbandry deptt organizes PMFME workshop/awareness programme | ABRSM delegation meets CEO Jammu, highlights teachers' key issues | Macadamization work begins on Tujjar Sharief to Zaingeer road, Baramulla | Over Rs.41 crore allocated under DDC, BDC, PRI & Aspirational Grants in Bandipora | PAC holds meet at Srinagar, discusses Audit Paras of HUDD | J&K Cine Association slams 'Hillywood' label as misleading and politically driven | UP CM orders strict action against those attempting to defile Kanwar Yatra | 5 of family murdered on suspicion of practising witchcraft in Bihar, oppn slams govt | PM Modi at BRICS, a global wake-up call against terrorism: Gaurav Gupta | Shiv Sena distributed poster to Amarnath pilgrims for 'Jammu-Darshan' | SBI hands over Rs 1.10 Crore DSP PAI claim to family of Martyr Rifleman Sunil Kumar | Mission Director HADP inaugurates five-day Capacity Building Programme for FPOs | Beating the heat wave and humidity, IGNOU flying squad teams charge into Exam Centres for on-the-spot monitoring | FVSc and AH, SKUAST-Jammu celebrates World Zoonoses Day- 2025 | Annual congregation of All India Rohmetra Mahajan Biradari on 10th , July | Bovine smuggling attempt foiled, 09 bovines rescued, in Latti | LIC of India introduces new Plans LIC's Nav Jeevan Shree (Plan 912) & LIC's Nav Jeevan Shree Single Premium (Plan 911) | 15-day Youth Development Programme on 'Premier Banker' inaugurates | Mechanical Engineering students of DBU developed "Multi-Utility Power Generating Kit" | 'Kala aur Atmanirbharta' culminates at MCM | Tanvi Sharma eyes junior titles before full-fledged senior switch | JKCCA appoints Dr Rekha Rani Sharma as Advisor | Pinegrove Director elected president BSAI | Aryaveer and Aaryavir: The Kohli, Sehwag connection at this year's DPL | Indian archers eye World Championship preparation at Madrid World Cup | Back Issues  
 
news details
DB sets-aside NIA Court order discharging accused policeman
Weapon Snatching Case
11/9/2022 11:08:26 PM
Early Times Report

Jammu, Nov 9: Jammu & Kashmir and Ladakh High Court has set aside the order of a NIA court discharging an accused policeman and has directed the trail court to frame charges against him.
Division Bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekri set-aside the order of NIA Court whereby it had discharged one Jaffer Hussain. The DB directed trial court to frame charge against him and proceed with the trial in accordance with law.
This appeal in terms of Section 21 of National Investigation Agency Act 2008 (NIA Act, for short), read with Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr. P.C.), read with Article 227 of the Constitution of India, has been directed against order, propounded by the Court of Special Judge, NIA (3 rd Additional Sessions Judge), J&K at Jammu (hereinafter referred to as the trial court), in case RC-08/2019/NIA/JMU dated 02.11.2019, vide which, respondent has been discharged for offences under Section 120-B read with Section 392 of Ranbir Penal Code, 1989 (RPC, for brevity) read with Sections 18, 39 & 40 of the Unlawful Activities (Prevention) Act, 1987 [UA(P) Act, for short].
The case of the appellant/prosecution in the trial court is that on 08.03.2019 at about 2030 hours, Police Station, Kishtwar received a source information that some unknown armed terrorists had barged into the rented room of HC Daleep Singh, who happened to be the Incharge of escort party of Deputy Commissioner, Kishtwar situated at Asrarabad, Kishtwar at 1930 hours and snatched his service weapon i.e. AK-47 rifle along with three magazines and 90 live cartridges at gun point and fled away.
According to the investigating agency, the terrorists had committed this act in furtherance of criminal intention to revive militancy and create terror among the people of the area thereby threatening the unity, integrity and sovereignty of India.
Accordingly, an FIR No. 31 of 2019 dated 08.03.2019 came to be registered by Police Station, Kishtwar for offences under Section 392 RPC, 7/25/30 of Arms Act and Sections 16/18/20/23 of UA(P) Act and investigation came into vogue. Subsequently, in compliance to order No. 11011/55/2019/NIA dated 01.11.2019 issued by the Ministry of Home Affairs, Government of India, the case was assigned to NIA under the provisions of Section 6 of the NIA Act. In compliance to the afore-said order, NIA re-registered the case as RC08/2019/NIA/JMU on 02.11.2019 for same sections and commenced the investigation. On conclusion of the investigation, NIA filed a final report against six (06) accused persons including Osama Bin Javed @ Osama @ Usma, Haroon Abbas Wani, Zahid Hussain, Tanveer Ahmed Malik, Taraq Hussain Giri and Jaffar Hussain (respondent-herein) and some other accused persons in the trial court on 22.05.2021 for the alleged commission of offence punishable under Sections 120-B & 392 RPC, 16/18/19/20/23/38/39 & 40 of UA(P) Act and 07/25/30 of Arms Act and further investigation of the case was kept open.
The DB after hearing ASGI Vishal Sharma for the NIA whereas Adv Intikhab H. Shah for the accused observed that turning to the present case, the admitted position of fact on the record is that respondent was an acquaintance of accused Osama Bin Javed and it is also an admitted fact that Maruti Alto Car of the respondent has been used in the commission of the offence. According to the respondent, his vehicle was forcibly taken away by the militants under threat perception and at the gun point and therefore, he cannot be held liable, since he had not voluntarily handed over keys of his car to the militants. Be that as it may, the respondent happened to be a police official and in such a situation, the respondent immediately after the episode, was expected to inform the police about the whole incident so as to facilitate the police agency to intercept his car and prevent the commission of crime. Respondent in the present case not only failed to inform the police, but also misled, misinformed and misdirected the police agency, purportedly in furtherance of intention to screen the militants. It is significant to underline that respondent not only lied to the MTO, MT clerk and Dy.SP/DAR of DPL, Kishtwar but he also projected a false story and furnished wrong information to his senior officials including Additional Superintendent of Police, Kishtwar and Senior Superintendent of Police Kishtwar and that too, on repeated questioning and at different points of time. There is no denying the fact that respondent intentionally furnished wrong information to the police and concocted a false story and his actions led the terrorists to snatch the service rifle i.e. AK-47 along with three magazines and 90 live cartridges from HC-Daleep Singh and escaped afterwards.
He constantly concealed vital information from the District Police of Kishtwar and had he furnished the correct information to the police immediately after the occurrence, it would have helped the District Police in pre-empting the incident of weapon snatching or the initial investigation immediately proceeding the said incident of weapon looting.
It is also pertinent to mention that there is copious documentary as well as ocular evidence in the shape of statement of Sajjad Hussain Bhat, Sarjeet Singh, Gopi Nath, Firdous Ahmed and Tilak Raj to prove the complicity of the respondent. Thus considered, the circumstances surrounding the afore-narrated episode are sufficient to indicate that respondent had prior knowledge about the incident of weapon snatching and as held by Hon’ble Supreme Court in Rajiv Kumar’s case (Supra), the conduct of the respondent after the incident of not informing the police immediately after the occurrence gives rise to a grave suspicion that prima facie respondent connived with the militants/accused on the spot to facilitate the commission of the crime.
The DB observed that trial Court, by reading in between the lines, has erred in assuming that respondent had disclosed incorrect registration number of his vehicle to the police authorities out of fear only. The observation of learned trial court that respondent must have disclosed wrong registration number of his vehicle for the reason that he might be suspected to be an ally of the categorized terrorists, is totally misconceived, as learned trial court has no where discussed as to what prevented the respondent from furnishing accurate information about the incident to his superior officers immediately proceeding the incident.
With these observations, Division Bench set-aside the order of trial Court and directed trial court to frame charge against the respondent and proceed with the trial in accordance with law. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU