Fayaz Bukhari
SRINAGAR, Aug 4: The State High Court today directed the Investigating Agency to conclude the investigation within a period of two months in killing of two boys allegedly by the security forces in 2010 unrest in district Anantnag.
Observing that almost five years have elapsed and investigation is yet to be completed, Justice MH Attar directed the Investigating Agency to conclude the same with two months. “Investigating agency shall take all further steps to conclude the investigation within two months from today and report compliance to the court”, court directed.
Court while holding the investigating agency duty bound to conclude the investigation at the earliest as the occurrence is of the year 2010 observed. “They are under Constitutional obligation in terms of Article 21 of the Constitution to conclude the investigation at the earliest”, court observed.
The SSP Anantnag, who was present in the court, stated that the evidence of six persons whose name have been provided by the complainant is yet to be recorded and other formalities are also to be completed for concluding the investigation.
Court to the submissions of the SSP observed the refusal of any of the persons to remain available in connection of the investigation of case does not render the investigating agency incapable of ensuring their presence for recording their statements.
“Criminal Procedure code authorizes Investigating Agency to enforce the attendance of witnesses for recording of their statements”, court said in its order.
Court directed the investigating agency to take immediate steps for recording statements of remaining six persons and directed the statement of these six persons be recorded within a week’s time.
Court pulled up the investigating agency in delaying the investigation to its logical end so that challan could have been produced before the competent court of law against the culprits involved in the crime.
“The criminal justice system forms the edifice for having an orderly society. When crime is committed, culprits are to be brought to justice. Delay in conducting investigation would, in turn, result in delayed filing of challan, which is bound to adversely affect the administration of criminal justice”, court observed.
Court directed that the investigation should be completed before October 5, and status report about the investigation be filed before the Registrar Judicial of this court after every week. “And in case investigation is not completed by the next date then the IOs shall present in person before the court to explain their position”, court added.
Court was hearing a case of two boys – Bilal Ahmad Najar and Noor-ul-Amin Dagga – who were killed on September 19, 2010 when cops opened fire on the funeral procession of another youth Maroof Ahmad Nath whose body was recovered on the fateful day after he drowned in the Jhelum on September 13 while being chased by police and CRPF personnel.
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