ABDUL RASHID BEIGH Vs. STATE

JUDGEMENT

(1.) One Fayaz Ahmed Beigh was working as Camera-man with University of Kashmir in its Department of Central Asian Studies. He was taken in custody and whisked away by the personnel of STF/SOG camp Lelthapora Awantipora of District Pulwama,, from the University campus. The parents and other family members of the boy, on search and enquiries came to know about his arrest by the STF team. They approached STF and SOG officials through S.P., Operations, Awantipora, who after initial hesitancy admitted and acknowledged that said Fayaz Ahmed Beigh was with the STF Lethpora Awantipora. As these efforts brought no result, petitioner, father of the said Fayaz Ahmed Beigh filed a complaint before Human Rights Commission in December, 1997 at a time when his wife Mst. Maryam (mother of Fayaz Ahmed) filed HCP No. 1411 /97 in the High Court wherein besides requiring the respondents to show authority and law under which Fayaz Ahmad Beigh was arrested and cause for continued detention of the detenu, prayer for registration of case against culprits regarding disappearance of said Fayaz Ahmed Beigh and quashment of false case registered at P/S Soura by the SOG, is also made. However, this writ petition was withdrawn on 29-4-1998, on the presentation of the petitioner that her husband has approached Human Rights Commission in the matter which has taken cognizance of the case and fairness and propriety require writ petition to be withdrawn.

(2.) The Human Rights Commission after taking cognizance of the complaint, during the course of the enquiry summoned officers of STF and SOG personnel and S.P., Operations, Awantipora to associate them with the proceedings and for filing their written version of the events and matter under inquiry. The Commission catalogued points requiring determination and allowed parties full opportunity to produce evidence and to examine and cross examine the witnesses. After a detailed fair transparent enquiry in which parties examined and cross-examined number of witnesses and produced other evidence, Commission came to the conclusion that version put forth by the writ petitioner as above, is true and did not believe the counter version put-forth by the Police and State Government of said Fayaz Ahmed Beigh having escaped enroute for recovery of arms and ammunition by the search party at Nowhatta. The Commission held so as under:

(3.) Having reached the conclusion and returned findings as above, the State Human Rights Commission recommended the Government to grant immediate interim relief of Rs. 5 Lacs to the members of his family and to register a case against the Police officials for investigation besides taking disciplinary proceedings against erring police officials. The Commission forwarded copy of its enquiry report with recommendation to the State Government. It is alleged in the petition that the State Government took no steps whatsoever though legally obligated to take action on such report and recommendation and report the action taken or proposed to be taken to the Commission within a period of one month or till such period as the Commission may extend for the purpose.