1996 killing case
Excelsior Correspondent
JAMMU, Oct 4: High Court of Jammu & Kashmir and Ladakh has quashed the order of trial court whereby Judicial Magistrate 1st Class (2nd Additional Munsiff), Srinagar issued direction for registration of fresh FIR and replacement SP North as head of the Special Investigation Team (SIT) by some competent officer in 1996 killing case.
This order has been passed by Justice Sanjay Dhar in an appeal filed by the UT of Jammu & Kashmir challenging the impugned order on the grounds that there was no need to register a fresh FIR when in respect of the occurrence, FIR No.88/1996 stands already registered with P/S Khanyar.
According to the back ground of the case, on 01.06.1996, Police Station Khanyar received a written information from SHO Police Station Rainawari that on 31.05.1996 at about 2300 hours an information was received that some terrorists are hiding along with illegal arms and ammunition at Miskeenbagh Khanyar. Accordingly, an operation was launched during which two terrorists namely Mehraj-du-din and Mohammad Ramzan Bhat, Commander and Company Commander of Hizbul Mujahideen, were killed/injured. The other terrorists managed to flee away from the spot.
On the basis of this docket, FIR No.88/1996 for offences under Section 307, 121-A RPC, 7/25 Arms Act and 4/5 Exp. Sub. Act was registered with Police Station Khanyar and investigation was set into motion. The investigation was closed as untraced but on 05.05.2006 certain observations were made by the Zonal Police Headquarter, Srinagar and the case was re-opened to be investigated by a Special Investigation Team. After conducting investigation, the SIT submitted closure report before the Judicial Magistrate 1st Class (2nd Additional Munsiff), Srinagar, on 15.03.2021.
On 1st April, 2021, Jameela Bano, who happens to be the wife of deceased Mohammad Ramzan Bhat, filed a protest petition before the Judicial Magistrate. Accordingly, Magistrate passed an order on 28.10.2021 whereby SSP Srinagar was directed to constitute a Special Investigation Team headed by an officer not below the rank of DySP to investigate the case. It was further directed that role of the then Investigating Officer, SHO P/S Rainawari and other officials in investigation of the case before its reopening in the year 2006 be also gone into. It was also directed that role of the SIT for delaying the investigation for about three years be also gone into.
While the investigation in terms of the directions dated 28.10.2021 passed by the Magistrate was going on, the protest petitioner made several applications before the Magistrate seeking status report of the investigation. The Magistrate passed a number of directions from time to time expressing his dismay over the pace of investigation and also sought personal appearance of the head of the SIT.
On 02.12.2021, the Magistrate, after perusing the status report filed by SSP, Srinagar, observed, “it is not clear from the report whether the identified persons, namely, Mir Hussain, then then SHO P/S Rainawari and Constables Noor-ud-Din, Ali Mohammad, Sub Inspector Mohammad Sabir, Azam Gujar and Abdul Majeed, have been arrested or whether any fresh FIR has been registered against them”.
After hearing both the sides, Justice Sanjay Dhar observed, “while it may be correct that the State was under an obligation to register an FIR relating to death of the deceased on the basis of the version of occurrence given by the protest petitioner, yet in the instant case, as already indicated, the Magistrate has taken recourse to the provisions contained in Chapter XVI of the J&K CrPC and instead of directing registration of FIR, he has taken it upon himself to treat the protest petition as a private complaint and proceeded to take cognizance of the offences”, High Court said.
“Therefore, it is not a case where the version of occurrence given by the protest petitioner is not being investigated but it is a case where the Magistrate has chosen the option of investigating the version of occurrence given by the protest petitioner in the manner as provided under Chapter XVI of the J&K CrPC and not in the manner as provided under Chapter XIV of the J&K Criminal Procedure Code”.
“So far as the impugned direction of the Magistrate with regard to substitution of head of the SIT by a competent officer, is concerned, this court does not find any ground to interfere with this direction. The protest petitioner has been running from pillar to post for the last about three decades but her version of occurrence is not being investigated or enquired into for the last so many years”, Justice Dhar said.
Accordingly, High Court disposed of the petition and set-aside the impugned direction with regard to registration of a fresh FIR. “The petitioner Union Territory of Jammu and Kashmir shall replace the head of the Special Investigation Team with an officer of impeccable integrity of the rank of Superintendent of Police or above with a mandate to complete the investigation and file the report before the Magistrate under Section 202 of the J&K CrPC most expeditiously, preferably within a period of two months”, High Court directed.
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