JAVID MASHOOD FAZLI Vs. STATE

JUDGEMENT

(1.) HEARD .

(2.) THESE matters relate to the escape of one under trial prisoner from police custody on 2.2.2000. One Gh. Rasool Shah S/o Abdul Khaliq Shah R/o Kupwara, allegedly a hardcore militant of Jamit -ul -Mujahideen outfit was involved in case FIR No. 2/97 of Police Station Ram Munshi Bagh U/s 302 and 307 RPC and FIR No. 128/96 of Police Station Maisuma U/s 7/27 Arms Act. He was lodged in Central Jail Srinagar, Petitioner in SWP No. 109/2000. Javid Masood Fazli was Incharge Dy. Superintendent Central Jail, Srinagar, petitioner in SWP No. 63/2000 Mohd. Yousuf Dar was the Assistant Superintendent of the Jail, petitioner in SWP No. 134/2000 Dr. Mohd. Ayub, Dental Surgeon was posted as Medical Officer in the Central Jail, petitioner in SWP No. 284/2000 Gh. Nabi Head Constable and petitioner in SWP No. 283/2000 Tariq Ahmed Hakeem Constable were working as constables in the police department at the relevant time. On 2.2.2000 the said prisoner was sent for medical check up to SMHS Hospital, Srinagar under the advice of Dr. Mohd. Ayub, alongwith five other under trial prisoners. The police escort which accompanied the six prisoners to the Hospital comprised of seven police personnel under the charge of one Head Constable Gh. Nabi deputed by the District Police Lines, Srinagar on requisition from the authorities of the Central jail, Srinagar. When the prisoners reached SMHS Hospital Srinagar, said prisoner Gh. Rasool Shah pleaded for taking him to the urinal. His handcuffs were reportedly removed at the door of the urinal by Tariq Ahmad Constable which provided a chance to him to escape from the custody. The, escort party chased him to arrest him again but they could not succeed. This lapse on the part of the escort party indicated that the party was not at all alert and had not taken due precautions required to be taken in such matters. Although the prisoner escaped from custody in the SMHS Hospital premises, the following lapse were attributed to the prison authorities including the petitioners herein, as reported by ADG Prisons & Fire Service.

(3.) ON consideration of the matter the Government recommended to the Governor dismissal of the petitioners from service in terms of Section 126 (2) (c) of the State Constitution. Accordingly the Governor approved the recommendations of the Government and consequently the Petitioners Javid Masood Fazli, Mohd. Yousuf Dar, Dr. Mohd. Ayub Gh. Nabi Shah and Tariq Ahmed Hakeem were dismissed form service. Orders issued in this behalf are as under: -