SHEIKH MOHD ANWAR Vs. STATE OF J&K

JUDGEMENT

(1.) THE writ petition has been submitted praying for direction to the respondents to complete the investigation in FIR No. 21 of 1995 for offence under section 302 R.P.C and to pay compensation of 50.00 lacs on the death of Sheikh Mohammad Yasir and Rs. 1.25 crore on the death of Mohammad Yousuf Bhat.

(2.) THE main submissions made in the petition are that the regular Army 2 - Granade Bn. and 84, 81 and 15 BNs. of B.S.F., on 20.01.1995, during search and cordon operations apprehended Sheikh Mohammad Yasir and Mohammad Yousuf Bhat by entering in their houses situated at Danderkhah, Batmaloo, and killed both the boys without any justification, in abject disregard of law. An FIR No. 21 of 1995 under section 302 R.P.C. was lodged. It is submitted that on completion of the investigation, no case was made out against any person and the case was treated as closed.

(3.) WHILE admitting that search and cordon operation was conducted on 20.01.1995 in the Batmaloo area, the stand and submission of respondents 2 and 3 is that five persons were killed in cross firing on the said date. It is further submitted that the security forces also opened fire because they had no other option but to kill the militants and during cross firing, Sheikh Mohammad Yasir and Mohammad Yousuf Bhat were killed.