Jammu: The High Court of Jammu and Kashmir and Ladakh has sought personal appearance of two police officers — part of a Special Investigation Team (SIT) — to record their statements in a case related to the death by suicide of a Gujjar youth after alleged custodial torture in Kathua district earlier this year.
A single-judge bench of Justice Wasim Sadiq Nargal passed the directions while hearing the case on Wednesday, asking the SIT head, who is the Superintendent of Police (Operations), and Sub-Divisional Police Officer (SDPO), Billawar, to appear in court on the next date of hearing on October 27.
Makhan Din (25), a Gujjar youth from the Billawar area, ended his life by consuming insecticide on February 4 after alleged police torture and recorded the act on a video, claiming innocence and denying any connection with terrorists, prompting separate probes by police and the local administration.
“Record reveals that when the matter was listed before this court on April 25, Neeraj Padyar, SDPO, Billawar, who was part of the SIT headed by SP (Operations) investigating the case, submitted that the SHO of Billawar police station already stood transferred and the other two officials, against whom the complainants have levelled allegations, were not posted in the same police station.
“In addition, the SDPO, Billawar, stated at the Bar that no such persons, namely Jugal and Harish, were posted at the Billawar police station.
“However, Appu Singh Slathia, the counsel appearing for the petitioners, submits that she has placed on record electronic evidence by virtue of a pen drive, which indicates that Jugal and Harish were also present on February 5 when the deceased was taken to his residence and thereafter, he committed suicide in a mosque at Bhatodi village, Billawar,” the judge said.
He said the petitioners further submitted that even at the time when the body of the deceased was taken to the hospital, four police officers were present, including Jugal and Harish.
“Since, there is an ambiguity with regard to the statement so made by the concerned SDPO, Billawar, on April 25, this court deems it proper to direct him to remain present before this court on the next date of hearing, with a view to record his detailed statement before the registrar judicial of this court to proceed further in the matter,” Justice Nargal said.
For proper appreciation of the matter, the judge said, it is necessary to verify whether the police officers, namely Jugal and Harish, were ever posted at the Billawar police station, or whether they were present at the time when the body was taken to the hospital, or when the deceased was taken to his residence.
In addition, the court also sought the personal presence of the head of the SIT, with a view to apprise the court with regard to the investigation so carried as on date in light of the fact that the SIT was constituted on March 10.
Government advocate Suneel Malhotra has been directed to produce the case detail file (of the SIT) on the next date of hearing, besides apprising the court about the investigation being conducted in the case.
Taking serious note of the failure of the respondents – Chief Secretary and Home Secretary – to submit their response to the notices issued to them on April 16, the court granted them one more opportunity to file their response through their counsel.
“The court deems it proper to grant one more opportunity to the (government) counsel for respondents 1 and 2 to file their response within a period of one week positively, failing which the matter will be heard on its own merits on the next date of hearing,” the judge said.
