Excelsior Correspondent
SRINAGAR, Mar 28: High Court today sought status report from the State and Union Governments regarding sanction of prosecution of a counter insurgent and two army officers allegedly involved in custodial killing.
Justice Tashi Rabstan, in a petition filed by mother of one Mohammad Sultan Bhat who is seeking identification and punishment of those behind kidnapping and custodial killing of her son, sought report from State as well as Union Government with regard to sanction for prosecution of guilty persons.
“The counsel for the respondents seeks and is granted two weeks time for filing latest status report indicating therein as to whether prosecution sanction of the Army officers has been accorded or not and also file status/compliance in light of the order dated 21.11.2015 to the extent of accused no.1. So far as prosecution sanction of the Army officers is concerned, S. A. Makroo, ASGI shall also file status report within the same time”, court directed.
In the compliance report filed on 29.12.2015, it was contended by the State respondents that the charge sheet against accused No.1 namely Ghulam Mohammad
Sheikh alias Muma lkhwani has been presented before the Chief Judicial Magistrate, Ganderbal on 18.12.2015.
Further it has been contended that in respect of accused army officers, Major Suny Kurian now Colonel and Major M R Nunia, then officiating adjutant 5RR at Daderhama, Ganderbal, the CD file along-with relevant record has been processed for accord of prosecution sanction in terms of letter dated 14.09.2015 to the State Crime Branch Headquarters J&K, Jammu. Thereafter the State Crime Branch Headquarters after scrutinizing the records of the CD file has submitted the same to the Director General of Police, vide letter dated 30.11.2015.
The Crime Branch of Police earlier has filed a charge sheet against a former counter-insurgent Ghulam Mohammad Sheikh alias Muma Ikhwani, and submitted that it awaits sanction for prosecution against two army officers for their alleged involvement in the “custodial killing” of a man in Ganderabl district of Central Kashmir in 1999.
Mother of victim has also sought the implementation of the recommendations of SHRC directing the Government to reopen the FIR (No. 158 of 1999) registered in Police Station Ganderbal.
The SHRC had recommended reinvestigation into the matter and had also directed Government to pay ex-gratia relief of Rs one lakh to the affected family. However, the Government had not implemented the recommendations.
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