HC directs Home Secy, DGP to file affidavits

Excelsior Correspondent
JAMMU, Jan 14: In the much publicized mysterious disappearance of 12 year old boy from Vijaypur, Vacation Judge of State High Court, Justice Janak Raj Kotwal today directed Principal Secretary Home Department and Director General of Police to file their personal affidavits or the affidavit of a responsible police officer as to why the investigation of the instant case may not be transferred to the Central Bureau of Investigation (CBI).
These directions were issued in a petition filed by Rajesh Sharma, the father of 12 year old Vishal Sharma, student of 6th standard who mysteriously went missing on May 5, 2014 from Vijaypur area.
When this petition came up for hearing, Advocate Sheikh Shakeel Ahmed appearing for the petitioner invited the attention of the court towards the polygraph test report of the prime suspect namely Bhushan Kumar which did not reveal anything with regard to the missing of the child.
Advocate Ahmed further invited the attention of the court towards various status reports filed by the police and submitted that despite the efforts made by local police the minor has not been traced so far. He further submitted that looking into the seriousness of the matter the State High Court vide its order dated October 15, 2015 had directed the DGP to constitute a SIT comprising of Superintendent of Police, SDPO and concerned SHO and the SIT was to be supervised by the IGP Jammu.
“The SIT was constituted under SSP Samba and the SIT interrogated the suspects and also conducted the polygraph test of the prime suspect Bhushan Kumar but nothing came out from the polygraph test”, he said, adding “the instant case relates to child trafficking and some interstate gang is involved in the lifting of the child and for tracing the minor the investigation of the case is required to be entrusted to the Central Bureau of Investigation (CBI).
After considering the submissions made by Advocate Ahmed, Vacation Judge Justice Janak Raj Kotwal directed Principal Secretary Home Department and Director General of Police to file their personal affidavits or the affidavit of a responsible police officer as to why the investigation of the instant case may not be transferred to the Central Bureau of Investigation (CBI).
Looking into the urgency involved in the matter, High Court directed the Registry to list this petition on February 2, 2016. The Court further directed the Registry to provide a copy of this order to AAG W S Nargal.