Excelsior Correspondent
JAMMU, Nov 23: In the much publicized Janipur encounter in which one Pakistani militant Saif-ullah Kari was killed and Zaffar Iqbal sustained injuries, Principal Session Judge Jammu, Kartar Singh has issued summons to H A Siddiqui, Additional Advocate General and two Inspectors of Delhi Police namely Sanjay Dutt and Rahul Kumar Singh on the ground that their examination was necessary in the case. The Court has also directed the Public Prosecutor to ensure that these witnesses are present on the next date of hearing positively.
According to the prosecution case, on August 11, 2007 a team of Delhi Police and Special Branch of J&K Police cordoned the house of one Abdul Rehman, son of Mohd Asgar at Ramzanpura, Janipur in order to arrest militant namely Saif-ullah Kari, who was involved in FIR No.122/05 of Police Station Special Cell, Delhi.
However, the militant opened fire on the police personnel resulting into encounter. In the gunbattle, Saif-ullah Kari died on spot while as his accomplice Zaffar Iqbal sustained injuries. SI Davinder Sharma of Delhi Police also sustained injuries due to firing by the militants. The incident led to registration of case under FIR No.103/2007 for the commission of offence under Section 7/25 Arms Act, 121-A, 120-B and 307 RPC and 4/5/ ES Act at Janipur Police Station and final report was submitted in the court.
During the course of arguments, it came to the notice of the court that Advocate Hussain Ahmed Siddiqui, who is brother of accused Maqsooda Khatoon, was witness to the seizure memo and recovery of the hawala amount which was produced before the police by Khadam Hussain. But he has been given up by the PP as he was hostile witness being brother of the accused.
Court observed, “it was not the job of PP to give him up as being hostile without examining him in the court. In case he is hostile witness, he would have explained the circumstances for not supporting the prosecution story and in this way he would have unfolded the real story. Therefore, his statement is essential for the just decision of the case”.
“During trial prosecution witnesses namely Inspector Sanjay Dutt and Inspector Rahul Kumar Singh of Special Cell of Delhi Police have appeared in the court but their statements could not be recorded due to the absence of the accused. Both these witnesses are material witnesses in this case because they are eye witnesses and took part in the operation”, the court said.
After going through the record, Principal Sessions Judge Jammu Kartar Singh observed, “the statements of prosecution witnesses Hussain Ahmed Siddiqui presently posted as Additional Advocate General, Inspector Sanjay Dutt and Inspector Rahul Kumar Singh are necessary for the just decision of the case. Therefore, by invoking powers conferred under Section 540 CrPC it is directed that these witnesses be summoned to give their evidence in the court. PP shall ensure that the witnesses are present on the next date of hearing positively”.
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