BHAGWATI PARSHAD DANGWAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Operation SHIKAR led by Kundan Prasad, Assistant Commandant of ITB Police was carried out from February 21, 2002 to February 23, 2002 in General Area Sunthwar village of Ganderbal, Srinagar, Jammu & Kashmir in two phases. In the first phase of the Search in the village, suspicious persons were found running away from the village. Two civilians bearing Pherans were, accordingly, challenged and in the ensuing gunfight, one militant named Fayaz Ahmed Reshi of HM group was killed whereas the second injured militant namely Manjoor Ahmed Bhat, succeeded in escaping towards the village.

(2.) To apprehend the second militant, Kundan Prasad, Assistant Commandant planned to cordon off the area and sent re-enforcement for tactically moving on foot. This party was led by the Petitioner-Inspector GD Bhagwati Prasad Dangwal.

(3.) While the party was moving tactically in pitch darkness, the scout of the party CT/GD Netra Singh suddenly encountered the militant at a colliding distance. The militant fired from his weapon whereupon CT/GD Netra Singh, without caring for his personal safety, pounced upon the militant laying him on the ground and ultimately shot him dead in the scuffle. He was assisted in this by CT/GD Sushil Kumar.