SANDEEP MAWA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed for claiming the following reliefs:

(2.) The learned counsel for the petitioner submitted that in the case in hand, the petitioner, a public spirited person, is the Chairman of J&K Reconciliation Front and a Kashmiri Pandit. He submitted that there was blatant violation of the human rights in the fake encounter where three labourers, namely, Ibrar Ahmad, Mohammed Ibrar and lmtiaz Ahmad aged about 16, 21 and 26 years, respectively were killed on 18.07.2020 at Shopian. FIR No. 42 of 2020 was registered at Police Station, Hirpora, Shopian. It was termed as an encounter with the terrorists. However, was found to be fake. This was even admitted by the subsequent press release given by the Armed Forces.

(3.) Referring to the judgments of Hon"ble the Supreme Court in People's Union for Civil Liberties v. State of Maharashtra (2014) 10 SCC 635, Extra Judicial Execution Victims Families Association v. Union of India (2017) 3 SCC (Cri) 622 and People's Union for Civil Liberties v. State of Maharastra (2014) 10 SCC 635, the learned counsel for the petitioner submitted that the guidelines laid down therein by Hon"ble the Supreme Court in exercise of powers under Section 142 of the Constitution of India are not being followed. The entire evidence will be destroyed, in case immediate action is not taken in the matter.