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| In Bhaderwah triple murder case, HC dismisses petition against Khoda, others | | | early times report
JAMMU, May 29: In a significant judgment, high court judge, Justice Hasnain Massodi today dismissed a petition against DGP Kuldeep Khoda and others in a triple murder case that took place in Bhaderwah, Doda, in 1996.
The petition was filed by Nazira Begum and Shaheena Begum, seeking a CBI probe into the incident. Nazira's husband Fazal Hussain Dar and Shaheena's husband Mohammad Hussain were among the three victims.
In a 20-page judgment, Justice Massodi observed that after the charge-sheet was presented on December 23, 1996, the petitioners had a fairly good idea about the prosecution story and the accused responsible for abduction and gruesome murder of three of the four victims.
The petitioners had an opportunity on December 23, 1996, and thereafter to approach for further investigation in terms of section 173 (8) of CrPC. They, however, did not make use of the tools available to them to question investigation. The petitioners and other relations of the deceased, who claimed to be witnesses in the case, had an opportunity to appear in witness box and narrate the facts that had led to the abduction and killing of the victims. However, when they appeared in the witness box, they very conveniently decided not to support the prosecution case and did not complain of any coercion, influence and intimidation before or during the trial court.
During trial or for next 10 long years, the petitioners did not assail the November 8, 1999, judgment of acquittal of the trial court in appropriate proceedings before the high court. The petitioners cannot be heard after more than a decade, saying that the investigation was faulty, prosecution was lackadaisical and that the trial was concluded in a lifeless manner.
Petitioners' case for reinvestigation and trial was based on two status report prepared by crime branch ASP Bachan Singh Choudhary on January 16, 1998, and another ASP Shikha Goyal on November 12, 1998.Reliance was placed on the two status reports unmindful of the fact that these were tentative in character and represented only a prima-facie view.
The petitioners failed to realize that the final outcome of the reinvestigation did not support prima-facie view taken at the stage status report were prepared. Once final outcome of the reinvestigation did not support petitioners' case, the interim status reports taken to have merged with the final report, cannot help the petitioners in their case that there was involvement of then DIG (Doda) Kuldeep Khoda, now DGP, in the alleged incident.
Even Choudhary Bachan's report did not support the point of involvement of Khoda in the case. The report merely alleges that after the DIG was informed by Shadi Lal, driver of the vehicle allegedly used by SPO Mohammad Ashraf and his accomplices at the time of the triple murder, he did not get the case registered with proper dispatch.
The record, however, reveals that there was no delay at all in the registration of case. The incident occured in morning of January 4, 1996, and the FIR No 7/1996 was registered on January 4, 1996, itself at Bhaderwah police station. The inaction, if any, on the part of the then DIG, therefore, cannot be said to have contributed to the delay in the registration of case.
In the opinion of Choudgary Bachan, the incident was the outcome of an operation planned by the respondent No 2 to use of the services of "friendly militants" to arrest the militants or engineer their surrender.
Justice Massodi also referred to various judgments including Best Bakery case and Satyajit Banerji case and while dismissing the petition, observed that the court did not find any merit in the petition and hence it did not deserve to be entertained.
In the petition, it was alleged that Fazal Hussain Dar, Fareed Hussain Dar, Mohammad Hussain and Talib Hussain, all residents of Malani, Baderwah, were allegedly abducted on January 3, 1996. While Fazal, Fareed and Hussain were taken by SPO Ashraf and others to the bank and river and shot dead, Talib, who was thrown into the river, had swum to safety.
On January 4, 1996, Talib narrated the alleged incident to the inhabitants of Melani who then gathered at Pul-Doda to enquire about whereabouts of the three victims. A case was then registered at Bhaderwah police station.
The police investigation revealed that Ashraf was time and again reprimanded by villagers, including Fazal, Fareed, Hussain and Talib, for indulging in criminal and anti-social activities including offences against women. Ashraf, who on September 30, 1995, was appointed as SPO, got annoyed and hatched a conspiracy with Tariq Hussain of Kokernag and Abdul Sattar of Anantnag to eliminate the foursome.
On January 3, 1996, they allegedly abducted Fazal, Fareed, Hussain and Talib in a police police vehicle took them to bank of river Chenab near Prem Nagar and opened fire, allegedly killing Fazal, Fareed and Hussain. Talib, who was thrown by them into the river, however, survived.
The investigation was concluded as proved against the accused. The petitioner said that
an application was submitted to CJM, Doda, for judicial investigation which was sent to
DSP, Bhaderwah, for appropriate action. He, however, according to the petitioner,
did not take any action in the matter and ignored the order of CJM. The petitioner then
on April 8, 1996, approached NHRC for reinvestigation of the matter.
The DGP pursuant to a direction issued by NHRC on June 24, 1997, had directed reinvestigation of the matter by crime branch.
Meanwhile, after hearing the two sides, the judge today dismissed the petitions.
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