ROBKAR Vs. P S GILL

JUDGEMENT

(1.) THESE contempt proceedings emanate from a Habeas corpus No. 32/1996, presented on 09.03.1996 by the High Court Bar Association, seeking directions against the Union of India and State of Jammu and Kashmir to produce Mr. Jalil Indrabi, Advocate, allegedly picked up on o9.03.1996 by some personnel of Rashtriya Rifles while he was driving towards his home.

(2.) THE facts giving rise to the initiation of contempt proceedings are that during the course of proceedings, the learned Single Judge being not satisfied with the pace and progress of the investigation by the State authorities and the matter having assumed great significance of the alleged abduction of the bar member, directed by an interim order on 18.03.1996 that the Inspector General of Police Kashmir Zone shall nominate an Investigating Team to be headed by either an Officer of the rank of Dy. I.G. or a Sr. S.P. associated with two more officers none of whom shall be below the rank of Dy. S.P. and that the team shall start investigation in right earnest and shall report to the court the result of investigation.

(3.) PURSUANT to the directions of the learned Single Judge under order No. 78/1996 dated 18.03.1996 the I.G.P. constituted the special Investigating Team (SIT) headed by Mr. S.K. Mishra Sr. S.P. Srinagar to investigate the case FIR No. 139/2996 under sections 364 and 365 R.P.C., registered in P/S Sadar Srinagar. During investigation Mr. Indrabi is reported to have been killed.