Excelsior Correspondent
JAMMU, July 9: High Court today directed District Magistrate Kishtwar to take decision within three weeks on a plea seeking exhumation of dead body of a youth, who was allegedly killed in the police custody by projecting as Pakistani militant in the year 2002.
The direction was issued in a petition filed by Haji Mohd Aslam, father of young boy Mushtaq Ahmed, who went missing in 2002.
After hearing Advocate S S Ahmed appearing for the petitioner whereas Additional Advocate General HA Siddiqui for the respondents, Justice Hasnain Massodi directed District Magistrate Kishtwar to take decision on the application of the petitioner for exhumation of dead body within three weeks so that the petitioner would be in a position to work out his remedy in the light of the decision so taken.
SHO Police Station Atholi, in his affidavit, has admitted that one person was killed on July 15, 2006 at village Kajai and the pocket dairy recovered from the dead person recorded him to be Abu Sufian, a resident of Pakistan. It was also admitted that the petitioner did not approach District Magistrate Kishtwar for exhumation of dead body and its DNA profiling. However, SP Kishtwar has given his inputs to District Magistrate, who is to take decision in the matter.
Justice Hasnain Massodi observed, “needless to say that the District Magistrate, in his affidavit has not claimed to have passed any final order on the application filed by the petitioner and an effort is being made to wriggle out of the responsibility to take decision on the application on the ground that it is belated and that it is doubtful whether application is within the ambit of 176 CrPC and whether exhumation of dead body can be ordered without being definite about nature of the application”.
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