MOHD. HAYAT Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner sometime before 15.11.2008 was recruited as Constable in Jammu and Kashmir Police, District Doda and allotted No. 694/D. He was deputed as Personal Security Officer with one Mushtaq Ahmad - a political activist, residing at Tillgra. On 21.11.2008, Selection Grade Constable (Sgct), Shri Hari Krishan No. 548/D through a written report informed SHO, Police Station Gandoh - that a search operation conducted by him and police personnel under his command, with the assistance of Shir Noor Mohd. Special Police Officer, Police Picket Buddli, to nab Shri Afraz Ahmed an active militant of LeT did not yield any results as Shri Mohd. Hayat, Constable 694/D - petitioner herein, present with the militant and his family prevented the police party from opening fire on the militant and facilitated his escape.

(2.) The receipt of report from Station House Officer, Police Station, Gandoh prompted Senior Superintendent of Police, District Doda to direct a departmental enquiry against the petitioner vide Order no. 1201 of 2008 dated 22.12.2008, to be conducted by Station House Officer, Police Station, Gandoh.

(3.) The Enquiry Officer on 18.01.2009 served a chargesheet on the petitioner. The petitioner pleaded not guilty. He also submitted a written reply to the chargesheet stating therein that he was present in the house of the militant, namely, Afraz Ahmad to manage his surrender before the Police at the request of his father and that before his surrender would materialize a police party raided the house and the militant fled from the house. Petitioner denied that he was hand in glove with the militant or his family and insisted that he was only making an effort at the request of father of the militant, to engineer his surrender before the Police.