Excelsior Correspondent
Srinagar, Dec 8: The High Court has held that Magistrate cannot direct the Economic Offence Wing (EOW) to investigate the custodial torture allegation as the agency has no authority to investigate such offences.
The petitioner, Senior Superintendent of Police, Economic Offences Wing, Kashmir had presented the petition under Section 482 Cr.P.C challenging order dated 15.07.2022, passed by Judicial Magistrate 1st Class (City Judge), Srinagar in a complaint, whereby a direction has been issued to the SHO, Police Station Crime Branch, Srinagar to register an FIR against a person and other unknown Police Officials of Police Station, Nowgam and get the case investigated by an efficient Police Officer.
The allegation was leveled by Shafiqa Muneer in the complaint is with regard to torture and custodial killing of her son by the police of Police Station, Nowgam. The court has allowed the plea of SSP (EOW) citing that such type of offence does not find mention in the list of offences mentioned in S.O 232 dated 09.05.2022.
The court has recorded that the trial Magistrate was not empowered to direct Economic Offences Wing, Srinagar to register an FIR and investigate the case, as the same is beyond the jurisdiction of Investigating Agency.
Thus, the order impugned passed by the Magistrate, is not sustainable in law. Accordingly, petition is allowed and the order impugned passed by Judicial Magistrate 1st Class (City Judge), Srinagar is set aside and case is remanded to the Court with a direction to pass fresh orders on the complaint in accordance with law”, the court concluded.
The court has held that the Economic Offences Wing, Srinagar, has no authority under the applicable notification to investigate allegations relating to custodial torture and killing as the offence does not fall within the notified list of offences.
Follow our WhatsApp channel
