RAKESH SINGH Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) Right to personal liberty of an individual is one of the important facets vouchsafed by a civilized society. An individual is part of the society. Some of rights are bestowed upon an individual by his very birth, which are called Birth Rights and some others are conferred upon him by laws of land which include the supreme law called Constitution.

(2.) Right to personal liberty is one of the most important and cherished right of an individual. Since an individual is the part of the society, the right to liberty is neither absolute nor fathomless. An individual, a small unit, has to synchronize himself with a bigger unit called Society. In order to run the affairs of the society, rights of an individual are being regulated in the larger interest of the community/society of which he is a part. A society governed by rule of law has been throughout craving to have order in it, so as to enable the individual to hone its skills. An individual has never enjoyed absolute freedom, as same is always pregnant with potential of imperiling rights of other members of the society. Criminal justice system is the bed rock on which an orderly society rests. Order in the society guarantees peace, which in turn, allows an individual and the society to develop both spiritually and materially. In order to achieve the aforementioned salutary purpose, a duty is cast on all to strengthen criminal justice system.

(3.) Reverting back to the case on hand, it appears that Jatinder Singh, Nephew of the petitioner, along with one Royal Singh allegedly murdered Amandeep Singh by firing upon him by Desi Pistol (Katta). This incident occurred on 29.8.2009. The case FIR No. 247/2009 was registered in Police Station Gandhi Nagar. It is also alleged that during the investigation of the case, weapon of assault was recovered at the instance of the accused and was kept in Malkhana, Gandhi Nagar, Police Station, Jammu. The case took yet another sordid turn, as it is alleged, that petitioner hatched criminal conspiracy in which not only civilians, but officers of the rank of the Senior Superintendent of Police and Station House Officer were also involved. It is alleged that pivotal role was played by the petitioner in furtherance of the criminal conspiracy, and the weapon of offence and bullet were swapped to save and screen-off of the principal accused, Jatinder Singh. It is further alleged that petitioner managed to get a non functional weapon and on 30.08.2009 the original weapon of offence, which was seized earlier, was taken out from the Malkhana, its seal was broken and original weapon was removed and replaced with non functional weapon. It is this replaced non functional weapon which was sent to FSL, Jammu. The alleged swapping of weapon of assault was facilitated by then SSP, namely, Manohar Singh, and SHO, namely, Sultan Mehmood Mirza. It is also alleged that petitioner arranged money which was paid to one Ballistic expert and S. H. Bukhari. During the investigation of the case, in pursuance to the disclosure statement of accused, Nagar Singh, the original weapon of assault was recovered and thereafter money paid to accused Royal Singh and officials of the State FSL was also recovered.