Excelsior Correspondent
JAMMU, Apr 15: High Court today dismissed the bail applications of Sonaullah Naik, Deputy Superintendent of Police and PSI Mohd Qayoom Mirza, who were facing trial in custodial killing of a youth.
According to the police case, on November 3, 1995, one Ayaz Ahmad Wani was taken into police custody by Incharge Police Station Banihal Inspector Sonaullah Naik (presently DySP) on the pretext that he was to be recruited as a Constable in Police Organization.
When deceased did not return to his home, his father Abdul Rashid Wani approached police officer concerned for release of his son lodged in the lock up at Police Station Banihal. The deceased was thereafter shifted to Police Station Ramban where his condition became so critical on account of injuries inflicted upon him in the police custody that he had to be taken to Emergency Hospital Ramban. Later, he was referred to Government Medical College Hospital Jammu where he succumbed to injuries on November 10, 1995.
It was alleged by father of the deceased that as a result of physical torture in the Police Station by some police officials including accused/applicant besides other policemen and two surrendered militants he died. The enquiry into the case was conducted by the then SP Ramban and on basis of enquiry a case was registered at Police Station Ramban vide FIR No 65/1998 under Sections 302/34 RPC.
After hearing battery of lawyers, Justice Virender Singh observed, “all the aspects with attending circumstances are yet to be appreciated by the Trial Court at appropriate stage and therefore, it would not be proper to comment upon the merits of the case”.
With these observations, High Court dismissed both the applications with the direction to Trial Court that the case be concluded within three months.
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