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| Murder charges against DySP for custodial killing | | | Early Times Report
Jammu, Feb 18: Principal Sessions Judge Ramban Mohd Akram Choudhary today framed charges against DySP Sonaullah Naik u/s 302/342/201/120-B RPC for killing Ayaz Ahmed Wani son of Abdul Rahsid Wani in custody. He was also denied bail.
According to the Crime Branch case, FIR No.65/1998 at Police Station Ramban for commission of offences punishable under sections 302/34 RPC laid the charge sheet against accused for commission of offences punishable under section 304/342/202/120-B and 109 RPC as they were alleged to have tortured in their custody one Ayaz Ahmed Wani S/O Abdul Rashid Wani R/O Bankot Tehsil Banihal ( hereinafter called deceased ) arrested in a case registered at Police Station Banihal vide FIR No.98/1995 under sections 302/307/121-A /124 RPC and 4/5 Explosive Substances Act as a suspect w.e.f 3rd of November to 8th of November 1995 as a result of third degree torture the deceased was alleged to have died on 10th of November 1995 at Govt. Medical College and Hospital Jammu. Accused No 6 and 7 had been accused of fabricating and tampering Daily Diary Registers of Police Station Banihal and Ramban at the instance of their Superior officers to save them from the clutches of law .Thus they have been charged for commission of offence punishable under section 218 RPC. The accused no. 1 Sonnaullah Naik and accused No. 2 Mohd Qyoom Mirza were reported to have absconded and proceedings under section 512 Cr.P.C were initiated against them Sonaullah Naik surrendered in this court on December 15, 2011 and the file was posted for consideration of charges against him.
The court Ramban Mohd Akram Choudhary after hearing both the sides observed that Sonaullah Naik DySP had arrested the deceased as Suspect in a case and was also alleged to have sought his remand from the Magistrate. The arresting official is custodian of the arrestee and he cannot wash away his hands with a simple plea that he had merely arrested the accused and handed him over to some superior officer for being shifted to another Police Station. The Sonaullah Naik being in charge of Police Station was under duty to ensure safety and security of the deceased arrested by him. The accused No. 1 as appears from the material on record not only got the entries tampered in the Daily Diary Register of his Police Station but a concocted story was also projected that the deceased while been taken to some hide out by CRPF had fell down and got injured . The accused no.1 further did not take any action to enquire into the death of the deceased and also did not depose during enquiry or investigation into death of the deceased. The accused Sonaullah Naik though a serving Deputy Superintendent of Police even avoided his arrest and also absconded since 2007 for period of more than four years during the trial of the case. After considering the material on record for limited purpose of consideration of charge it is found that there is sufficient material on record to proceed against Sonaullah Naik for commission of offences punishable under sections 302/342/201/120-B/109 RPC and charge sheeted u/s 302/342/201/120-B/109 RPC.
Meanwhile Court also rejected bail application of the accused. It would be revealed that as on today there is reasonable ground to believe that the accused /applicant are alleged to have committed the crime. The accused/applicant being then Officer In charge of Police Station had arrested the deceased and was entrusted with job of the investigation. The deceased/accused till his death was in the official custody of the accused/ applicant. To say that he merely arrested the deceased and he had no further role in ensuring the safety/ security of the deceased is not his justifiable claim, legally. The accused applicant neither associated himself with the investigation and finally the prosecution got him declared as absconder by Magistrate and despite a warrant for his arrest though being on the roll of Police Organization as Dy Superintendent of Police, he did not join the trial. It was only when his property was attached and the SSP Crime Branch Jammu was put on notice by this court to explain as to why warrant has not been executed for last more than 5 years, that he was compelled to surrender before the court. The ailment projected by counsel for the accused/ applicant regarding psychiatric trauma is not such that the accused/ applicant may not have any information about pendency of the case and he being declared absconder. The plea for grant of bail when co-accused have been granted bail, in the considered opinion of the court, is also not available to the accused/applicant as the other accused had been admitted to interim bail by the High Court of J&K after bulk of evidence had been recorded during trial against them. Also other accused are on separate page than applicant/accused that was a police officer in whose custody, deceased was allegedly to have died as result of torture inflicted on him during interrogation.
The accused applicant has been charge sheeted for the commission of the offences punishable U/Ss 302/342/201/120-B/109 RPC. Offence u/s 302 RPC is punishable with death or in the alternative life imprisonment and fine. In such offences jail is the rule and bail is exception as the accused may tamper with the prosecution evidence. Role and conduct of accused/ applicant throughout the investigation and trial, so far, has been very strange. The accused /applicant being a Gazetted Officer in the Police Organization had tried to keep him away from reach of law. In the considered opinion of this court the accused /applicant is not entitled to bail at this stage. JNF |
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