Excelsior Correspondent
Srinagar, Sept 15: High Court today warned investigating agency of serious action in case they fail to conclude the investigation of custodial disappearance of a person within stipulated period.
Justice MH Attar while giving last opportunity of seven weeks for concluding the investigation into the matter made it clear that failure on their part would invite serious action.
“The investigating agency is expected to show utmost urgency and seriousness in concluding the investigation”, court said and added “failure on their part in concluding the investigation will be viewed seriously and action, as prescribed by law will be taken against the Investigating Agency”.
Court while dealing with the matter said that it is the constitutional obligation of this court to ensure that justice is meted out to the petitioner. “For the last thirteen years, justice has not been meted out to her, which is solely due to failure of the Investigation Agency to conclude the investigation”, court observed.
Status report of the Agency reveals that one Major Kishore Malhotra of 35 RR (now Brigadier) is accused of commission of offence u/s 364 RPC on appreciating the evidence collected during the investigation of the case and court in view had directed for custodial interrogation of the accused including the officer.
“Nothing is said in the latest status report about the other Army personnel, their identification and their complicity in the alleged commission of offence”, court said after going through the last report of Agency.
Earlier court had directed a special investigation team (SIT) of the police to arrest the army officer and subject him to custodial interrogation in connection with the disappearance of a man, Manzoor Ahmad Dar, from Rawalpora Srinagar in 2002.
Major Malhotra had approached the Supreme Court and sought a relief and Apex Court on August 31 this year had directed against his arrest. However, the Apex Court directed that he shall participate in the enquiry and cooperate with the Investigating Agency.
“In terms of order of Apex Court, it has become easier for the Investigating Agency to interrogate Major Malhotra as he is under obligation to cooperate with them”, court said.
Court further directed the Agency (SIT) to make sure that he (Malhotra) complies with the Supreme Court direction and participates and cooperates with the SIT in the enquiry. “It will be responsibility of the SIT to inform the Supreme Court in case Brigadier Malhotra does not cooperate with them”, court directed.
Jana, wife of disappeared person (Manzoor Ahmad Dar) who is fighting the case before High Court had deposed before a magistrate that soldiers of the RR had come to her house during the intervening night of January 18 and 19, 2002, and took her husband along with them.
Follow our WhatsApp channel