Srinagar: In a writ petition seeking registration of FIR and investigation against certain police officials for alleged torture and custodial killing of a local young man, the J&K High Court has held that trial magistrates are not empowered to direct Economic Offences Wing, to register and investigate such cases.
Justice Sanjay Dhar allowed the petition filed by the Senior Superintendent of Police (SSP), Economic Offences Wing, Kashmir, against Shafiqa Muneer, a widow from Natipora, city outskirts, whose son was allegedly tortured to death in 2022 while in the custody of Police Station Nowgam.
The bench held “the Magistrate {Judicial Magistrate 1st Class (City Judge)} was not empowered to direct Economic Offences Wing (EOW) to register an FIR and investigate the case, as the same is beyond the jurisdiction of aforesaid Investigating agency”.
Pertinently Shafiqa Muneer said her son Muslim Muneer was tortured to death by the police, and had petitioned the court of Judicial Magistrate for lodging of an FIR and initiation of investigation into the case.
The Magistrate in July 2022, passed a direction to the SHO, Police Station Crime Branch, Srinagar, to register an FIR against the respondent police officer and other unknown police officials of Police Station Nowgam and get the case investigated by an efficient police officer.
Subsequently, the SSP, Economic Offences Wing, petitioned before the High Court and challenged the Magistrate’s direction to the SHO, Police Station Crime Branch, Srinagar, to register FIR against respondent No. 2 (Munshi of Police Station Nowgam) and other unknown police officials of the station.
The SSP said that the Police Station, Economic Offences Wing, Kashmir (formerly Crime Branch Kashmir) has no jurisdiction to investigate the case of the nature as projected by the lady.
The SSP Economic Offences Wing stated before the bench of Justice Sanjay Dhar that the offence relating to custodial torture and killing does not figure in the list of offences which are eligible to be registered and investigated by Police Station, Economic Offences Wing, Srinagar.
Justice Dhar concurred with the SSP’s view that such types of offence do not find mention in the list of offences mentioned in S.O 232 dated 09.05.2022.
“Therefore, the trial Magistrate was not empowered to direct Economic Offences Wing, Srinagar to register an FIR and investigate the case, as the same is beyond the jurisdiction of aforesaid investigating agency,” the bench said adding that the order passed by the Magistrate, is not sustainable in law.
The case was remanded to the Magistrate’s court with a direction to pass fresh orders on the complaint of the “victim” lady in accordance with law.
According to the lady, her son Muslim Muneer, a young boy of 25 years of age, was the lone bread earner for his family.
“On 09.07.2002 between 8.00 AM to 9:00 AM, the accused no. 2. — Munshi of Police Station Nowgam — accompanied by some other police personnel of Police Station Nowgam Srinagar Kashmir without uniform came in a private vehicle and entered into the residential house of the applicant. They apprehended the son of the applicant,” reads her petition.
It said “the police officials said that the deceased was being taken for questioning and will be released immediately”.
While they were taking her son away, one of the police officials revealed his name as Abdul Rashid, who was working as Munshi at Police station Nowgam Srinagar, said the petitioner.
“The four police officials without uniform from the same police station brought the deceased to home in a state of unconsciousness. The police officials told the applicant that the deceased is unconscious and will gain consciousness very soon and thereafter forcibly made the applicant to sign a blank paper. My 25-year-old son had actually been brought dead. There were visible marks of violence and torture on his body,” read the widowed lady’s petition.
