JAMMU, Jan 30: Judicial Magistrate Ukhral Prem Sagar today directed SSP Ramban for re-investigation in a militancy case and passed strictures against the police.
In the challan presented by SHO Police Station Ramsoo proceedings under Unlawful Activities (Prevention) Act have been dropped against alleged over-ground workers of Hizbul Mujahideen.
After going through the challan, Judicial Magistrate observed, “investigating officer has dropped the offences for the simple reason that accused persons have not used the wireless set seized from them and its mere possession is not an offence whereas file reveals that prosecution has written to the Government for obtaining sanction which is prerequisite for presenting the challan in court under ULFA”.
“It is ample clear that CD file has been submitted for accord of Government sanction many a times but the file is received back repeatedly with some lacunae. It appears that when the prosecution could not seek the sanction it by keeping in dark the senior officers gave the stereo type advise without application of mind and arbitrarily for dropping the offences”, the court further observed, adding “one more absurd observation is that since the militants for whom the accused were working were shot dead in encounter the offences are not made out”.
“This is a sad state of affairs that a casual and arbitrary approach is adopted in the investigation in a sensitive State of J&K where militancy related incidences are on rise and they have created havoc in society besides creating sense of insecurity amongst the general masses”, the court further observed and sent back the challan with a direction to SSP Ramban for re-investigation.
The court also sent a copy of this order to Director General of Police for monitoring of investigation and also with a request to seek explanation from the erring officers and officials for showing such a casual approach.