AMIN SOFI Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Letters Patent Appeal on hand is directed against Writ Court judgment dated 14th February 2007, whereby appellant's writ petition being OWP No. 1294/1996, titled Mohammad Amin Sofi v/s. State and others has been dismissed. First an over view of background of facts. Appellant was on 23.06.1994 arrested by Commandant 30th Bn. Border Security Force (BSF) at Neelam Chowk, Srinagar and handed over to Police Control Room on 24th June 1994 and was let off. He on his release complained that he was tortured by Commandant 30th Bn. B.S.F -respondent No. 3 in writ petition after he was picked up on 23rd June 1994, resulting in fracture of his hipbone and right leg, leaving him disabled for rest of life. He lodged a report with Police Station Shaheedgunj, leading to registration of case FIR No. 107 of 1994, under Sec. 325, 342 RPC. The investigation appears to have been concluded as proved against Commandant Sh. Sharma and Sh. K.B. Dev Choudhary, Inspector 30th Bn. BSF and charge sheet laid before the competent court.

(2.) Be that as it may, petitioner on 28th Oct 1996, approached this Court with a writ petition being OWP No. 1294 of 1996, seeking following relief:

(3.) The writ petition was opposed by respondent No. 3 on the ground that appellant was not subjected to any torture while in custody at Investigation Centre Papa -II. It was however, admitted that appellant was picked -up for questioning on 23rd June 1994, at about 700 hours during Cat -operation, conducted by paramilitary forces. The respondent No. 3, insisted that appellant was brought to Papa -II (Joint Investigation Centre) on 24th June 1994 and released through police control room on the same date on the directions of the then District Magistrate, Srinagar. It was denied that appellant, suffered fracture of hip joint during interrogation at Papa -II. It was pleaded that appellant met an accident in 1980, resulting in fracture of hip joint and he remained under treatment at SMHS Hospital, Srinagar for about 9 months.