GH NABI BHAT Vs. STATE

JUDGEMENT

(1.) WRIT petition has been filed praying for direction to the BSF to render assistance for completion of the investigation in the case of disappearance of Ghulam Nabi Bhat and also compensation of Rupees ten lacs.

(2.) THE main submissions made in the petition are that Ghulam Nabi Bhat, brother of the petitioner, was taken in custody in the year 1992 by BSF Personnel and was not released thereafter. In pursuance of direction passed in petition under section 491/Cr.P.C. (No. 88/92) to disclose the whereabouts of the missing person Ghulam Nabi Bhat, the respondents appeared and denied to have caused the disappearance of the said person. An Inquiry was conducted by District Judge Bank Cases into the cause of disappearance and it was reported in the inquiry vide order dated 12.5.1998 that after the said Ghulam Nabi was arrested by BSF, the whereabouts of Ghulam Nabi are not known. Accepting the inquiry report. FIR 126/98 under section 343 was registered in police Station Nowhatta. The main grievance of the petitioner is that, inspite of lapse of nine years, the whereabouts of Ghulam Nabi are not known, after his arrest by BSF Personnel.

(3.) WHILE admitting that the said Ghulam Nabi was lifted by BSF in a Gypsy on 8.6.1992 and FIR No. 124/96, under section 364,342 R.P.C. has been registered in police station Nowhatta, the stand and submission of the respondents is that after the arrest of the said Ghulam Nabi, by constabulary 107 BN of BSF, Ghulam Nabi was handed over to constable Labhour Singh No. 90191378, and Guard Commander N. K. Rama during night 9/10th of June 1992. The said Ghulam Nabi escaped from their custody, on the pretext of answering to a call of nature during the night. Departmental inquiry was conducted but as the constable Labhour Singh and Guard Commander N. K. Rama, were killed in separate militancy related action at different places, no action could be taken against them. On the submissions it is prayed that writ petition be dismissed as it is without merit.