Excelsior Correspondent
SRINAGAR, Jan 15: High Court today stayed the orders of trial court Kupwara wherein it had ordered re-investigation of the alleged rapes by security force personnel in Kunan Poshpora Kupwara in 1991.
Justice Tashi Rabstan today directed that orders dated 18.6.2013 and 8.8.2014 passed by Judicial Magistrate Kupwara and Sessions Judge Kupwara respectively shall stay.
Court also issued two week’s notice to Superintendent of Police Kupwara and Station House Officer Police Station Trehgam for appearing and filing objections in the matter on next date.
Challenging the orders of trial court, General Officer Commanding 28 Infantry Division submitted that he is empowered and authorized to enquire and try the persons subject to Army Act under his control in respect of the allegation attributed on them while on ‘active service’ in the State.
Appearing counsel for petitioner advocate A P Singh put main thrust during his arguments that whether law permits the Magistrate to record evidence and direction to the Police for further investigation when closure report under Section 173 of CrPC was laid before it by the police ‘which course is unknown to the Criminal Law’.
Petitioners counsel submitted before the court that the Judicial Magistrate has erred in adopting a novel procedure of issuing notice to the alleged witnesses and taking the evidence without first deciding whether or not the closure report was sufficient.
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