ABDUL SALAM TELI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner alleges that his son Mohammad Ashraf Teli, aged 24 years, after being picked up by 12th Bn. of B.S.F. from Soura Colony on 2 1/9/1995, was done to death by burning in a migrants house on 22/9/1995, on the false plea that he was a militant of Harkat-ul-Ansar. Petitioner approached Chief Judicial Magistrate, Srinagar. Police Station Soura was directed to register a case. Two FIRs 136/95 and 138/95 were registered and investigations were launched. Petitioner prayed for relief of investigation of the case and submission of the status report of Investigating Agency before this court and for arresting the culprit and for compensation.

(2.) Respondents in counter affidavit of DIG, BSF, Amritsar, have owned arrest on 21/5/1995, of the subject Mohammad Ashraf Teli alleged to be the District Commander of Harkat-ul-Ansar. It is further stated that while being taken to a hide out for recovery of ammunition and arms in a migrants house at Vicharnag Colony (Soura) on 22/9/1995, at 0525 hours, he opened fire on the BSF party. The BSF party retaliated. The said militant was killed in the action and arms and ammunition were recovered on spot. The BSF informed the police station of the incident.

(3.) The SHO Police Station Soura, Srinagar investigated the incident and filed status report through the counsel Mr. M.I. Qadri, Sr. AAG. The Investigating Officer has reported that the case has been closed as not admitted for want of proof. The Investigating Agency recorded the statements of the witnesses in support of occurrence and seized some incriminating articles from person of deceased on spot, which were sent to FSL for chemical examination and body was subjected to postmortem and matter was also referred for opinion of Forensic Science Laboratory. The case was closed way back on 20/7/1996. Mr. Qadri, Sr. AAG, has also submitted diary which has been also examined.