ABDUL RAHIM SHALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ jurisdiction of this Court has been invoked by the petitioner under Article 226 of the Constitution praying therein as follows:

(2.) The case of the petitioner is that his son Manzoor Ahmad Shalla, a minor, has been killed by the Indian Army in a staged and fake encounter on 26/10/1995, and branded him as a militant. A case under FIR No. 393/1995 for the commission of offences punishable in terms of Ss. 307-RPC and 3/25 of the Indian Arms Act is stated to have been registered in this connection at Police Station Anantnag, which, however, has been closed as 'untraced'. The petitioner pleads that since his son has been killed by the Indian Security Forces by falsely labelling him as a militant, therefore, he is required to be compensated for such a huge loss and the matter needs to be investigated by an independent investigating agency. Besides, petitioner's family member is sought to be appointed on compassionate basis in terms of SRO 43 of 1994. The petitioner has, in support of the innocence of his son, placed on record a photo copy of a 'Non Involvement Certificate' addressed to the SHO Mattan, in response to a letter No. 49- 50/5AM/96 dtd. 15/2/96 purportedly issued by Major General Staff Officer Grade 2 for Commander, 1 Sector Rashtriya Rifles C/o 56 APO, wherein, the said Sector has denied to have any knowledge or record about the incident referred to in the letter and as regards the involvement of Manzoor Ahmad Shalla S/o Ab Rahim Shalla R/o Mattipora Nanyil in subversive or militancy related activities directly or indirectly.

(3.) Upon notice, the respondents appeared and filed their reply. In their reply, the respondents 1 to 3 have refuted the allegation of having killed the son of the petitioner on 26/10/1995. However, it is stated in the reply that an encounter took place on the said date in village Balpura-Kharibug between security forces and the militants in which four terrorists got killed namely, i) Bashir Ahmad Rather @ Abdul Hai resident of Sundpora; ii) @ Amas Khan resident of Mathipora; iii) Shakeel Ahmad Bhat @ Juned resident of Sirhoham; iv) Gulzar Ahmad Sheikh @ Safzar resident of Sheikhpora. It is further stated in the reply that three terrorists were apprehended namely i) Ghulam Hassan Ganai S/o Wali Mohd Ganai @ Jahed resident of Harigol; ii) Bilal Ahmad @ Nasir S/o Ali Mohd Ganai resident of Janglat Mandi, Anantnag; iii) Abdul Rashid Sheikh @ Masof S/o Ghulam Ahmad Sheikh resident of Hogam, Anantnag.