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| Kuldeep suicide case | | HC restrains Commission from finalizing case report | | Early Times Report
Jammu, Jan 14: In a controversial case pertaining to alleged suicide of one Kuldeep Verma during Shri Amarnath land row agitation, the Jammu and Kashmir High Court has restrained the Justice OP Sharma Commission of Inquiry from making a final report till a notice was replied to the court.
Four senior cops, including an IPS officer, arrayed on the case, had approached the court with allegations that the Commissioner of Inquiry was not fair to them.
Justice Hakim Imtiyaz Hussain of J&K High Court at Srinagar prior to the winter vacation of the High Court in a petition filed by Shailender Singh Additional Supt of Police security and others, has issued notice to the State of J&K through Chief Secretary, Principal Secretary Law, Secretary Commission of Enquiry and Presiding Officer Commission of Enquiry appointed by SRO NO 218 dated July 28, 2008. The notices were accepted on behalf of respondents by S.R Hussain AAG with the direction to file objections by next date of hearing. Till then steps to finalize the report shall defer.
This direction was issued by the High Court in a petition filed by Shailender then Additional Supt of Police Security, Alok Kumar IPS Commandant JKAP 8th Bn, Mohan Lal Kaith DySP JK Police Head Quarter and Sawanter Kumar SDPO City North Jammu through Adv MY Bhat in which the petitioners have challenged SRO 318 of 2003 dated July 28, 2008 by virtue of which Justice OP Sharma (retired) has been appointed as Commission of Enquiry, to enquire into the cause which led the death/ suicide of Kuldeep Kumar at Hunger Strike site of SAYSS on July 23, 2008. The petitioners have also prayed for quashment of Govt order dated November 19, 2008 and further prayed for quashment of proceedings initiated by the Presiding Officer Commission of Enquiry. Various grounds have been raised by the petitioners to challenge the said Govt order and for quashment of the proceedings before the Commission. It is alleged that the Presiding Officer has not acted fairly in the matter. It is further alleged that the Presiding Officer of the Commission was Advisor to Shri Amarnath Shrine Board.
Justice Hakim Imtiyaz Hussain observed that counsel for the petitioners reiterated pleas taken in the petition and has referred to various annexures placed on file and also stated that Commission has conducted the proceeding in ex-parte and to substantiate it, he submitted that the petitioners had submitted a representation to the Govt for change of Presiding Officer of the Commission. The said representation was rejected by the Govt vide order November 19, 2008 with a direction to DIG Jammu to direct the petitioners to attend further proceedings of the Commission. The counsel for the petitioners further submitted that the DIG informed the petitioners about the proceedings of the Commission and directed them to appear before the Commission on November 24, 2008 while as the Commission without waiting for the petitioners conducted the proceedings in the matter on November 20, 2008 itself and fixed a calendar for examination of the witnesses. The proceedings were taken without any information to the petitioner about the date as such the petitioners could not attend the commission on that date and subsequent dates. Court further observed that in view of the pleas raised, let a notice go to the respondents Mr. SR Hussain AAG Accepted notice on behalf of respondents at this stage, objections by next date, till then steps to finalize the report shall defer.
It is worthwhile to mention here that Commission of Enquiry has engaged Adv Javid Kawoosa for representing the Commission in the case at Srinagar
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