ZAINA BEGUM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The case of the petitioner is that the petitioner's son Mohammad Iqbal Wani, was born on 10th March, 1972. He had received his education and after passing B.A Examination from Kashmir University in the year 1996 (Nov Session) had undergone training in Computer Hardware ad Network Engineering from Premier Academy of Computer Education (PACE) during 1996-97 as also had undergone Higher Diploma in Software Engineering (HDSE) training. Simultaneously he got training in computer software from ROSE POLYTECHNIC Srinagar and APTECH computer Education during 1996-97. He was also all-rounder sportsman and was awarded merit certificates by the Youth Services & Sports Department of J & K. He was a brilliant computer Engineer/scientist. For his scientific ability and capability in software/hardware in computer engineering, he was recognized as a MCP (MICROSOFT CERTIFIED PROFESSIONAL) and was awarded a Certificate of Excellence duly signed by world renowned and acclaimed Computer Scientist and founder of World famous Microsoft Company, USA, Sir BILGATE.

(2.) He was doing business in computer hardware and software sale and purchase in his native township SHOPIAN. He used to purchase software from Mumbai Maharashtra. He stayed in a Hotel wherefrom he was arrested by respondents 4 & 5 in the same manner as many other Kashmiri students and business are detained by police in various States of India for frisking and encounter. He was killed in custody on 29.3.2003 within the jurisdiction of P/S Goregoan Mumbai, in a fake encounter which was managed by respondents 4 & 5 for their mala fide designs and for earning appreciation and boosting their ranks in the department. The deceased was carrying cash of Rs. 7 lacs and odd with him in connection within his business, out of this amount Rs. 4 lacs were shown to have been recovered from the possession of the deceased whereas remaining Rs. 3 lacs and odd were pocketed illegally by Respondents 4 & 5 as a body.

(3.) The dead body of the killed innocent civilian was brought back from Goregoan Police Station by the relatives of the deceased and was buried at Shopian amongst tears and hue and cry of thousands of mourners.