Eye opening judgment

The judgment of Principal Sessions Judge, Jammu, Jang Bahadur Singh Jamwal in a murder case of 2006 in R.S. Pora is an eye opener for the civil society that has always reposed its trust in the judicial system. In his rare judgment, the Court has pointed its finger at the police giving the indication that those who are entrusted with the task of ensuring law and order and meting out justice to the people, can be corrupted as they are capable of circumventing the law. Police is the custodian of law and if the police begin to undermine the law, the society is doomed. This is precisely what has happened in the case under discussion? The then SHO of RS Pora had a case of murder before him in which he, in his capacity as Investigation Officer, conducted enquiry into the case of sodomizing and then killing a minor by the three accused. On the basis of his report, police registered a case, commenced the investigation and finally presented challan against the accused under Sections 363/377/304/34 RPC. The court observed that under this Section, the court did not find any nexus between the accused to perpetrate the crime and as such acquitted all three persons. But the Court observed that the case should have been challaned under Section 377/302 RPC which would have meant to pursue the case of sodomy and murder. The Court focused on the question why a senior police officer of the rank of Inspector did not register the case under proper Section and instead filed it under a different Section which obviously meant lessening the seriousness of the crime and consequently lesser punishment. Evidently the court has doubted the impartiality of the Investigating Officer and in the light of the same has not only acquitted the three accused persons but also directed the Director General of Police to order fresh enquiry into the case and report on the progress of the enquiry to the court.
In a sense it is a reflection on the IO. Now the DG will conduct an enquiry as to why the IO registered the case under a different Section. Why did he show favour to the accused by booking them under a Section that would demand milder punishment. The fact is that a crime of gross criminality has been committed and the life of a boy has been taken. What more heinous crime can be there in a society than the one in sight? All credit should go to the fair and insightful judgment of the Principal Sessions Judge, Jammu, Jung Bahadur Singh Jamwal, for pinpointing the dereliction of duty on the part of an important government functionary, namely the then police inspector of RS Pora. This brings bad name to the institution of police in the State. People have generally been suspecting police hanky-panky in dealing fairly with cases of law and order. Here is one clear cut example to prove their mistrust. Therefore it becomes incumbent upon police authorities to ensure that acts of omission and commission on the part of the department cannot escape the sight of the law of the land. Purging the department of such elements will be the public demand. Militancy has brought many evils in its trail and we need to be alert not to let these evils vitiate the peaceful and humanistic atmosphere in the State.

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