LAWS(J&K)-2001-12-39

IQBAL BEGUM Vs. STATE OF J&K

Decided On December 27, 2001
IQBAL BEGUM Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) THIS petition has been filed with the prayer that the respondents may be directed -to investigate the complaint in FIR No. 114 of 1993 registered at Police Station Sherghari under Section 302 RPC regarding the death of two sons of the petitioners, namely, Tariq Parvez Rohel and Mohammad Ayoub Wani allegedly killed by the" B.S.F. personnel. Grievance of the petitioner seems to be that adequate measures are not taken by the investigating agency to effectively enquire into the complaint and that the investigation has not been conduced in accordance with the mandate of law.

(2.) THE stand taken by the respondents in their objections is that the investigation was initially conducted by the officers of the local Police Station and finally by a senior Police Officer of the rank of Superintendent of Police. During investigation it was found that the sons of the petitioners had been killed during the militancy related cross -fire in which one B.S.F. personnel, Constable Bimal Kumar, was also killed, As it was established that the sons of the petitioners had not been killed by any official of the B.S.F. on the date of occurrence, the investigation was closed as not proved. On these grounds the respondents submit that the petition in not maintainable under law.

(3.) HEARD the learned counsel for the parties.