Custodial torture and illegal confinement of witnesses
STATE TIMES NEWSJAMMU: City Judge Jammu Prem Sagar on Tuesday directed Senior Superintendent of Police (SSP) Jammu to register FIR against former SSP Crime Branch R.K Jalla; Additional Superintendent of Police Crime Branch, Peerzada Naveed; former DySP Crime Branch Shetambari Sharma; DySP Crime Branch Nassir Hussain; Inspectors Urfan Wani and Kewal Kishore under relevant provisions of law and report compliance by next date of hearing on November 7, 2019. The court direction came while considering a complaint filed by three witnesses in Rassana Case namely Sachin Sharma, son of Kharati Lal, resident of Kathua; Neeraj Sharma, son of Manohar Lal, resident of village Mongtian, Teshil Mahreen, District Kathua and Sahil Sharma, Manohar Lal, resident of village Rajpura, Tehsil Rajpura, district Samba seeking direction to SHO Pacca Danga, Jammu to register FIR against the SIT members under Section 194 RPC and other relevant provisions of law. After hearing Advocates Ankur Sharma and Tarun Sharma for the complainants, the court observed that facts of the complaints are that the applicant had filed a complaint before SHO Pacca Danga Jammu on September 24, 2019 seeking registration of FIR under Section 194 RPC and other relevant provisions of law against members of Special Investigation Team (SIT) investigating the Rassana case under FIR 10/18 dated January 12, 2018 registered under Sections 363, 343, 367-D, 302, 201 and 120-B RPC at Police Station Hiranagar Kathua.
The applicants had sought the registration of FIR against these SIT members on the ground that the applicants were being forced/tortured/coerced by these SIT members to depose and create false evidence against accused Vishal Jangotra in FIR 10/18.
During the course of investigation, the applicants were produced by the SIT before the concerned Magistrate to depose under Section 164-A Cr.P.C. wherein, these applicants have deposed the atrocities and torture inflicted upon them by the SIT members to create false evidence against Vishal Jangotra.
“Vishal Jangotra who was falsely implicated in the above mentioned FIR at the behest of these SIT members for the reasons best known to them, already stands acquitted by the Trial Court, Pathankot and is exonerated from all the charges levied against him.
This further concretizes that the applicants were deliberately tortured and compelled to depose false statements against Vishal Jangotra thus depicting the malafide on part of the non-applicants, whereby, false evidence was created in pursuant to the very well hatched conspiracy by the non-applicants”, the applicants submitted in their complaint.
Aggrieved of the inaction on part of SHO Pacca Danga, the applicants approached the SSP Jammu through Registered Post dated October 5, 2019 for the registration of the FIR against aforesaid non-applicants but nothing substantial has been done by any of the authorities, hence the application was filed.
“As per the affidavit of Counsel for applicants, no proceedings are pending disposal in Apex Court with regard to case in question. From the gist of the complaint, cognizable offences are made out against the non-applicants herein. Therefore, application of the applicants under Section 156(3) Cr.P.C. is allowed with the direction to SSP Jammu to register FIR against the SIT members under relevant provisions of law and report compliance by next date of hearing on November 7, 2019”, the court observed.
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