STATE OF JAMMU AND KASHMIR Vs. SAFDAR ALI

JUDGEMENT

(1.) The only question involved for consideration is whether there ought to be a reasonable connection or nexus between the alleged act and the duty or authority imposed upon a Police Officer in order to attract the application of Rule 349 of the Police Rules, 1960.

(2.) How the question has arisen will be revealed by the following facts. On 4/01/1990 one Sher Singh was arrested by the Officer-Incharge of police station, Marwah Tehsil Kishtwar for interrogation in a murder case (FIR No. 13 of 1989 under S. 302, RPC). He died on 15-1-1990 while in custody. His father Sh. Jai Ram complained to Superintendent of Police, Doda, that he died in Police Custody due to police torture. The investigation of the case was entrusted to Crime Branch, on whose finding the Director General of Police Sh. J. N. Sexena vide letter dated 10-8-1991 approached the Government for grant of sanction to the prosecution of the accused in terms of S. 197 of the Code of Criminal Procedure. The investigation according to the above reference has revelled the following facts :-

(3.) The Director General of Police agreed with the conclusion of the Investigating Police Officer and found that accused were required to be sent up for trial for having committed offence punishable under Ss. 302, 109, 342, 330 and 193, RPC also. He therefore, recommended to the Government that sanction to the prosecution of Abdul Latif, Dy. S. P. and Zahoor Ahmed Mattoo the then Tehsildar be accorded as required under S. 197, Cr. P.C. because both of them could be removed from service only by the order of the Government, Sanction to the prosecution was issued vide SRO 314 dated 7-11-1991.