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HC rejects bail applications of encounter specialist SI, his PSO
JAMMU, July 19 (JNF):Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing today rejected the bail application of Shiv Krishan Sharma and his PSO Mohd Ayub allegedly involved in under Section 307/120-B/109/201 RPC and ¾ ESA, 7/25/27 Arms Act and 3 PSSA with the direction to Commissioner/Secretary for nominating all Principal Session Judges as designated Judges under the Sabotages Act for their respective territorial jurisdiction.

In the bail petition it is contended that petitioner had done commendable job while taking part in anti-insurgency operations. He was given out-of-turn promotion to the post of Sub Inspector in the year 2005. He was performing his duties with utmost zeal and dedication and has played a great role in killing as well as making dreaded militants to surrender and also effecting recovery of huge arms and ammunition. Thus, it was pleaded that petitioner no.1 had unblemished service record, as he has earned eight medals,commendation certificates including President’s Police Medal, Sher-e-Kashmir Gallantry Award, DG Commendation Certificate, GOC-in-Command Commendation Certificate and various other certificates.

During the course of investigation of case FIR No. 33/2013 registered in Police Station Thathri regarding the lobbying of Chinese hand grenade on 28.04.2013 at Police Station Thathri, a suspect namely Mohd. Rafi son of Mohd. Ibrahim of Goni Patnazi was apprehended, at whose instance one Chinese Pistol, along with its magazine and five live rounds, came to be recovered vide recovery/seizure memo dated 21.04.2013. The said Mohd. Rafi during his interrogation revealed that the said pistol had been given to him by one Abdul Rashid @ Abdullah son of Mohd. Iqbal Harga of Tanta Tehsil Thathri with the direction to carry out some subversive act in District Doda and for this purpose the said Abdul Rashid took him to Bhaderwah to eliminate Gupta Bakery Wala at Seri Bhaderwah and also kill some police personnel who are deployed near Jamia Masjid Bhaderwah. Mohd. Rafi further divulged that the said Abdullah had also told him that the aforementioned pistol had been given to him by Incharge SOG component Kishtwar, namely, SI Shiv Krishan @ Sonu (the petitioner no.1 herein) with the direction to execute the above said plan.

However, the said alleged accused Mohd. Rafi could not perform the task so assigned to him by Abdullah and thus returned to Bonjwah and joined the company of his colleagues among whom also Abdullah had distributed the arms/ammunition obtained by him from the petitioner no.1. As per the alleged accused Mohd. Rafi, two unknown Kashmiri boys were also part of this racket and other members, who were assigned the task of carrying out subversive activities in the area by Abdullah on the directions of the petitioner no.1 are Akhter Hussain on son of Shoket Ali Magrey of Tanta Tehsil Thathri District Doda, Mohd. Yaqoob son of Fatta Mohd. Gujjar of Gharmalu bathri Tehsil Thathri District Doda. That the investigation conducted in the case by Special Investigation Team (SIT) so far had cogently established that in order to earn out of turn promotion as well as monetary benefits and name and fame, both in public and in the departmental hierarchy, both the petitioners hatched a criminal conspiracy and chalked out a plan to engage two kashmiri boys, namely Muzaffar Ahmed son of Khazar Mohd. Sheikh of Tahab Tehsil and District Pulwama and Shahbaz Ahmed son of Abdul Hamid Butt of Pitipura Tehsil and District Pulwama as militants with area of operation in Kishtwar and Doda Districts with a criminal design to carry out the aforementioned subversive activities in this part of the state.

The alleged accused Abdullah was also forcibly made to be part of this plan by both the petitioners who directed the former to involve some more boys of his area in the said plan in order to achieve their nefarious designs.

Justice Mansoor Ahmed Mir while rejecting the bail application observed that Respondents have also filed detailed report in a confidential cover, which read and deem it proper to keep the same in a sealed cover. It is shocking to know that how a police officer is involved in such incidents. Less said is better. The matter is still at threshold.

Justice Mansoor Ahmed Mir further observed that in view of the entire facts, the petitioners are not entitled to bail at this stage and their bail application is dismissed. However, petitioners are at liberty to lay a motion before the Special Judge for grant of bail at appropriate stage. Any observation made hereinabove shall not cause any prejudice to the petitioners herein. With these observations this application is dismissed. Before parting, Court deem it proper to record herein that the Registry of the High Court has not made efforts right from 2011 to make a communication with the Government for seeking nomination/appointment of a Special Judge. The Government, particularly the Law Department too also remained in a deep slumber. This is how the things are moving here and there. In 2011

Sanjay Parihar was the Special Judge under the Act. He stands transferred and since then no one has been appointed neither at Jammu nor Srinagar. In the given circumstances, Registrar General of the High Court is directed to make correspondence with the Commissioner/Secretary, Law Department within a period of two days for nominating all Principal Session Judges as designated Judges under the Sabotages Act for their respective territorial jurisdiction. Commissioner Secretary, Law Department is commanded to issue the requisite notification within next two days. Registrar General and Commissioner/Secretary, Law Department to report compliance in the Registry.

News Updated at : Saturday, July 20, 2013
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