Excelsior Correspondent
Srinagar, July 26: The High Court today directed the Deputy Superintendent of Police accused in the killing of two persons in 2010 to surrender before the trial court at the time of filing of charge-sheet and asked the authorities to lay the report regarding Khanabal twin killings before the Court.
The Court of Justice M K Hanjura has said that since the investigation in the matter is complete therefore State is directed to lay the report in terms of section 173crPC before the competent court with utmost dispatch.
Court observed that the occurrence has taken place before a period of seven years and instant case is remorseful story of a very unconscionably delayed and dilatory investigation.
The petitioner alleged that the two youth were killed in unprovoked police firing when they were waiting outside a Masjid at Khanabal to join the funeral prayers of one Marour Ahmad Nath.
With regard to challenging of sanction order of accused Court directed him to approach the trial court for questioning.
“It is directed that the order of the sanction of the prosecution of the accused can be questioned by him before the trial court at the appropriate stage. In case the petitioner raised this issue before the trial court, it shall decide the same on the merits and shall not get swayed by any observation made by this court in this order”, Justice Hanjura said.
It may be mentioned here that the Government had accorded sanction for prosecution against the Deputy Superintendent of Police Noor-ul-Hassan Parrey allegedly involved in Khanabal twin killings.
In the connection Home Department said that during the course of investigation the IO has established, prima facie a case under section 304-11 of RPC against Parray.
On September 2010 during the maintenance of law and order situation in Khanabal area of Anantnag, the report said, that the miscreants resorted to heavy stone pelting and the mob turned violent resultantly, few shots were, reportedly, fired in air to control the mob, due to which some persons got injured and two persons namely Bilal Ahmad Najar and Noor-ul-Amin Dagga succumbed to their injuries.
It said that during the course of investigation, conducted by Special Investigation Team (SIT) constituted in the matter, statement of witnesses was recorded and as many as 27 independent witnesses named DySP Noor-ul-Hassan Parray as accused in the case, adding, “highlighting his role in the said incident that had taken place near Ahli Hadees Masjid, Khanabal and the details regarding the deployment of nafree, that was obtained from concerned agencies the accused was in the said area on the date of incident.”
As regards the application for the grant of bail in favour of the accused in anticipation of his arrest in FIR (No.361/2012), court referring Section 438 CrPC corresponds to section 497-A of the CrPC as is applicable to the state of J&K, said that on this analogy of the law laid down, the accused (DySP) has to surrender to the custody of the competent court and pray for regular bail.
“The accused cannot avoid appearing before the trial court on the assumption that an order for the grant of anticipatory bail has been passed in his favour. Therefore the accused shall surrender before trial court at the time charge-sheet is laid against him in terms of the section 173CrpC and shall pray for regular bail”, read the judgment.
However, Court directed the trial court shall dispose of the same on merits and in accordance with the law before proceeding further with the trial.
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