ABDUL RAZAK AHANGAR Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed the instant writ petition seeking a writ of mandamus against the respondents to pay compensation for the death of his son. A further direction seeking an enquiry into the circumstance in which the death of petitioner's son has taken place has also been sought.

(2.) During the pendency of the writ petition, the petitioner Ab. Razak passed away and his legal heirs were brought on record. In the petition it has been alleged that on 19/3/2004, police personnel of Special Task Force, Camp Achabal, apprehended son of the petitioner, namely, Bashir Ahmad Ahangar and handed him over to 5 PARA of Army that was camped at Vailoo Kokernag. It is further alleged in the writ petition that the petitioner's deceased son was shot dead by the army personnel. It is alleged that after the death of the deceased, his dead body was handed over to the petitioner by Police Station, Dooru, and there were visible signs of torture and interrogation on the body of the deceased as he had been mercilessly beaten by iron rods. It is further alleged that there were scars on the face and forehead of the deceased and that he had been fired upon. The petitioner has claimed that his deceased son was not involved in any militancy related activity nor he had any criminal antecedents. It is contended that a false story has been fabricated by the respondents that the deceased was a militant and that he had been killed in an encounter.

(3.) It is claimed that the petitioner had approached the concerned authorities for investigation in the matter but no action was taken by the respondents. It is averred that the deceased was the elder son of the petitioner and that he has left behind two brothers, three sisters and old aged father. On these grounds, the petitioner has sought compensation from the respondents for having caused death of his son.