Excelsior Correspondent
JAMMU, May 6: In a petition filed by the father of a young boy, who was allegedly killed in police custody and shown as Pakistani militant, seeking direction to exhume the body for post-mortem and DNA test, Justice Muzaffar Hussain Attar today issued notice to Deputy Commissioner Kishtwar and SHO Police Station Atholi, Padder for filing affidavit.
The earlier notice in this petition was issued on July 21, 2008 and on April 3, 2013 Senior Additional Advocate General requested for listing of this case in the next week so as to enable him to get instructions. Thereafter again on April 8, 2013 Senior AAG Gagan Basotra sought adjournment to seek instruction. The case was listed on April 24, 2013 but no body appeared on behalf of respondents.
Today also no one was present on behalf of the respondents and Court, after hearing Advocate A M Malik appearing for the petitioner Haji Mohd Aslam, father of the missing boy, directed the Registry to issue notice to Deputy Commissioner and SHO for filling affidavit.
In the petition, it has been submitted that Mustaq Ahmed, who was student of 9th class in Higher Secondary School Thanamandi went missing in the month of June 2002 and despite search his whereabouts could not be traced. A missing report in this regard was registered in Police Station.
After long time, the petitioner came to know through unknown source that the son of the petitioner had joined militant ranks and had become a trained militant. It also came to the knowledge of the petitioner that Mustaq Ahmed was apprehended by one Gulam Qadir and his STF team alive and handed over to SSP Doda.
On receiving this information, the petitioner immediately rushed to Doda where he met with higher police officers and requested them to allow the petitioner to meet with his son in custody. The officers though admitted the custody of the son of the petitioner but declined to allow the petitioner to meet his son. On getting the assurance and satisfaction that his son has been apprehended and is in police custody and is safe now, the petitioner went back to his village.
After some time, the petitioner contacted the police officer on telephone and requested them to allow the petitioner to meet his son but to the surprise and dismay of the petitioner, the police officers, who were earlier very cordial and sympathizer at once changed their colours and tone and flatly refused that neither the son of the petitioner was ever apprehended by them nor he was ever in the custody of the police.
The petitioner raised the issue with the Minister concerned and the State Human Right Commission and when nothing substantial could be achieved, he filed habeas corpus petition in the year 2006 in the State High Court. In the month of May 2008, the petitioner received a telephone call and also a letter written by some unknown person calling and writing therein that the son of the petitioner has been killed by the police in police custody and his dead body has been buried about 150 KM away from the Doda city in a village Kajri Padder.
On this information, the petitioner rushed to the village and contacted the local people and on enquiry they revealead that police had handed over a dead body of a youth to them for burial. From the pictures shown by the villagers, the petitioner identified his son.
On this, he filed an application before District Magistrate Kishtwar requesting that the grave be opened and body exhumed so that post-mortem as well as DNA test could be conducted but the officers at the helm of affairs declined the application.
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