ABDULLA BABA Vs. STATE OF J&K

JUDGEMENT

(1.) Brief facts relevant for the disposal of the instant petition are as under:- Mehraj-ud-Din Baba aged 18 years son of the petitioner and a student of 12th class was picked up by Border Security Force personnel on 23.12.1992 and on 25.12.1992 his dead body was handed over to Police Station Soura. In this connection F.I.R. No. 260/92 came to be registered in Police Station Soura at the instance of one Ghulam Hassan H.C. In the F.I.R. name of SI of B.S.F. Sh. Gurbachan Singh was mentioned as he had brought the dead body to the Police Station. The dead body was brought from Far View Guest House (FVGH). It is mentioned in the F.I.R. that the deceased was arrested by 107 BN B.S.F. on 23.12.2012 near Ali Mardan Khan Bagh, Nowshehra.

(2.) Petitioner being apprehensive that the investigation of the present case would not be properly conducted, filed HCP No. 287/1993 in this Court, in which, the Court took a serious note of the pace in which the investigation was being conducted and gave direction for completing it within a stipulated period, reference in this regard, can be had from an order dated 22.10.1996. It reads:-

(3.) Since the investigation was not showing any substantial progress, the Court was constrained to pass different directions on different dates so that B.S.F. personnel, involved in the incident, faces the legal consequences and ultimately a status report was submitted by the concerned police before the Court which finds reference in the order dated 30.11.2004. It reads:-