Excelsior Correspondent
JAMMU, Feb 11: High Court today transferred the investigation into mysterious disappearance of 12 years old child from Vijaypur to Central Bureau of Investigation (CBI).
While entrusting the case to the CBI, Justice Janak Raj Kotwal directed that the State Government shall immediately issue formal orders in this regard and the CBI shall take up the investigation. The High Court further observed, “it is expected that the CBI shall take up the task with promptitude so that the confidence of the public in law enforcing agencies is strengthened and justice is done to the victim and his family”.
The order was passed in a writ petition filed by Rajesh Sharma, the father of 12 year old Vishal Sharma student of 6th standard, who mysteriously went missing on May 5, 2014 from his residence at Vijaypur when he was playing with a pet belonging to one of the neighbours near Sabzi Mandi.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Sheikh Najeeb Ashraf appearing for the petitioner and Additional Advocate General Wasim Sadiq Nargal appearing for Home Department and Monika Kohli, Retainer Counsel for CBI, Justice Kotwal observed, “the Court on October 15, 2015 while taking note of the failure on the part of the State to fulfill constitutional and legal obligation in tracing out the missing boy and as a step prior to transferring the investigation to the CBI, had directed the Director General of Police to constitute a Special Investigation Team (SIT) comprising of the Superintendent of Police, Sub-District Police Officer and concerned Station House Officer to be supervised by Inspector General of Police, Jammu”.
The SIT was, therefore, constituted with SSP Samba, SDPO Vijaypur and SHO Police Station Vijaypur as its members but the boy has not been traced till date and the poor petitioner is still pinning hope in the realm of despair, Justice Kotwal further observed, adding “the court on January 14, 2016 had directed Commissioner/Secretary Home and Director General of Police to file their response in affidavit(s) of authorized officers as to why investigation be not transferred to CBI and pursuant to this direction the IGP Jammu filed a comprehensive affidavit giving a detailed account of the efforts made by the Police in tracing the missing boy”.
“The IGP has concluded that whatever could be done under the circumstances has been done and is being done by the Police”, the High Court said, adding “the affidavit filed on behalf of Secretary Home is on the similar line too”.
After considering the affidavits filed by Deputy Secretary Home and IGP, Justice Kotwal observed, “what is thus clear is that inspite of its best efforts the State Police has been unable to trace the missing boy. Whether the police could have done better than what has been done may not be that important, but it can be said that a fruitless effort can satisfy neither the family of the missing boy nor the public in general”, adding “State has the constitutional duty to protect the life and human rights of its citizens and inability in this regard cannot justify a serious situation like this”.
“If the State Police has been unable to achieve the desired object there cannot be any reconciliation with the situation and another agency must come forward to contribute its might. Such a course is required to install the confidence of the public in the Government and the law enforcing agencies of the State and to do complete justice to the victim and his family”, High Court further said.
With these observations, Justice Janak Raj Kotwal disposed of the petition filed and transferred the investigation of the case to the CBI.
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