FAROOQ KHAN Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) LEGALITY and propriety of Inquiry Report of One Man Commission dated 15 -12 -2002, Notification SRO 106 dated 15 -3 -2003 appointing One Man Corn -mission of Inquiry and all consequential actions initiated by the State on the basis of the Report of Commission of Inquiry have been called in question by the petitioner, who is an IPS Officer of the State.

(2.) BRIEFLY stated the facts leading to the filing of this petition as are available in the pleadings of the parties are Petitioner was posted as Superintendent of Police, Anantnag from August, 1998 to 4th April, 2000. On 25th March, 2000 Adjutant 7th Bn, Rashtriya Rifles (Pb) submitted a written report to Police Station, Achhabal for registering an FIR disclosing that an Army Unit carried out specific cordon and search operation in Forest of Panchalthari from 5.15 hours to 1500 hours on 25th March, 2000. An encounter took place between terrorists and troops of the Unit. In the operation five terrorists were killed. The identity of the terrorists was not known. The site was visited by a police party from Police Station, Acchhabal. The dead bodies were handed over to the police party at 12.30 hours on 25th March 2000.

(3.) A section of the people of District Anantnag protested against the killings in encounter at Pathribal alleging the victims were innocent civilians. A Criminal Complaint also came to be filed by the people along with members of the local Bar in the Court of Chief Judicial Magistrate, Anantnag who ordered an inquiry by the Dy. S. P. PHQ, Anantnag vide order dated 29 -3 -2000. The said officer, namely, Sheikh Abdul Rehman, Dy. S. P., PHQ Anantnag filed his report before the Chief Judicial Magistrate, who directed registration of FIR and consequently two FIRs No. 98/2000 and 99/2000 came to be registered at Police Station, Anantnag under Section 302 RFC. Police also added section 302 RFC in the already registered FIR No. 16/2000 of Police Station, Achhabal. The Investigating Officer approached the District Magistrate seeking direction for exhumation of the dead bodies of persons killed by Army at Pathribal on 25th March, 2000. Before the order of District Magistrate for exhumation of the dead bodies of persons could be executed a procession was taken out by the locals from Anantnag down and adjoining areas demanding immediate exhumation of the dead bodies. This procession was allegedly fired upon by the personnel of CRPF and Special Operation Group of J&K; Police at Village Barakpura Bulbul Nowgan on 3rd April, 2000 resulting in killing of eight civilians and injuries to many others.