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Rajneesh Sharma custody death case
SC notice to Centre, J&K Govt and CBI
11/28/2009 1:10:50 AM

EARLY TIMES REPORT
NEW DELHI, Nov 27: A two-judge bench of Supreme Court issued notice on Friday to the Central and the J&K governments and also to the CBI on a petition seeking a CBI probe into death in police custody of Rajneesh Sharma in Srinagar. The apex court’s notices are to be replied in four weeks time by the respondents.
Their lordships also observed that the court would hear the petition seeking among other things investigations by the CBI two weeks after the Supreme Court reopens on January 3 after the winter break.
The petition sought probe by the premier investigating agency, saAying that only such a course could ensure fair investigation free from the pulls and pressures of the State administration and police.
A Division Bench of the Supreme Court having Justice Altamas Kabir and Justice Cyriac Joseph issued the notice after senior counsel Pinki Anand said that the State police could not be relied upon for carrying out fair and impartial investigation into the case as the officials were themselves in the dock.
The lawyer appeared for the petitioner Anchal Sharma, wife of the deceased. Before her marriage with Rajneesh Anchal was known as Amina Yusuf.
The senior counsel claimed before the court that the death of Rajneesh Sharma was a cold blooded and brutal murder by police officials at the behest of Anchal’s father and brother who were out to eliminate Rajneesh Sharma for marrying Amina.
Pinki Anand pleaded that the act of the police officials present through the arrest and detention of late Rajneesh Sharma was in flagrant violation of the directions of the Apex court with regard to custodial deaths.
The petition said that the police acted at the instance of Amina’s father who happens to be employed in the Vigilance wing of the State’s Sales Tax department. The father was said to be well connected with the police and the State administration as per the counsel’s claims.
She said that after the “cold blooded” murder of Rajneesh Sharma by the “protectors of the citizens” neither the police nor the State administration took any action against the erring police officers and the father and the brothers of the petitioner Anchal Sharma. The senior counsel pointed out that the act of the police officers and that of the petitioner’s immediate relatives was punishable with life.
As one would remember Rajneesh Sharma married Amina Yusuf alias Anchal Sharma on August 21, 2009. On the very day of their wedding, Amina decided to embrace the faith of her husband and, thus, was rechristened as Anchal Sharma.
Their marriage was solemnised at Arya Samaj temple in Janipur Colony of Jammu. Soon after their marriage the couple left for Pathankot from where the newly weds visited several places including far off Chennai.
Following this, Sirnagar’s Munshi Bagh police Station SHO Tariq Ahmed Marazi and the SHO of Jammu based Bakshi Nagar police Station Shashi Thakur along with SDPO SKS Chauhan raided the shop of Rajneesh Sharma on August 24. Rajneesh’s brother, Kaushal Sharma was picked up by the raiding police party. Kaushal was, however, released after a couple of hours’ detention.
On the intervening night of September 29-30, 2009, Rajneesh Sharma who had returned home along with Anchal was picked up by the police and taken to Srinagar where he succumbed to the worst kind of torture resorted to during his interrogation, say the petitioner and her lawyer. The steps that are warranted be undertaken in case of custodial deaths were conveniently ignored as per the petition before the Supreme Court.
Earlier, the Supreme Court had ordered Delhi Police to provide protection to Anchal Sharma. Justice Kabir and Justice Joseph had ordered on November 13 that the petitioner be provided reasonable protection while being in the Capital by issuing notices to the Commissioner Delhi Police
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