SRINAGAR (KMN) – Taking a serious note of the alleged nonchalance in implementing its interim directions in the case pertaining to the killing of two youth in firing at Anantnag in September 2010, the High Court on Wednesday ordered transfer of the case out of the chief judicial magistrates court.
According to report circulated by KMN, two youth, Bilal Ahmad Najjar son of Ghulam Mohi-ud-din of Nai Basti KP Road, and Noorul Amin Dagga son of Noor Muhammad of Khanabal, were killed allegedly in firing at Anantnag on September 18, 2010. They were participating in the last rites of Farooq Ahmad Nath, who had died on September 13 of drowning allegedly following a chase by troopers.
Police had registered a case vide FIR No 355 / 2010 under sections 307, 427, 336, 148, 149 and 188 of RPC mentioning the deceased youth as the accused. However, their families had approached the CJM to order registration of a separate case. On October 15, 2010, the CJM had asked the SSP to have a separate case registered.
Reports said the police challenged the CJMs direction in the Sessions Court on the plea that an FIR had already been registered in the case. The Sessions Judge quashed the CJMs direction on March 29, 2011, the report said, adding the case eventually landed in the High Court which, in January 2012, upheld the CJMs order, entrusting further hearings to him. Even then, no fresh FIR was registered by the police.
The families of the deceased youth approached the High Court again. Hearing counsels of the parties on Wednesday, Justice Virender Singh, ordered transfer of the case out of the CJMs court deciding to monitor the case itself and asking the registrar, Judicial, to obtain the case file from the CJMs court and produce it in the court before the next hearing which has been fixed for December 3. He also asked the SHO, Anantnag, to make available the detailed information about the present status of the case to Mian Abdul Qayoom, counsel for the petitioners.
In his direction, Justice Virender Singh, observed the CJM, Anantnag, had been casual in monitoring the case in light of the interim directions issued by the High Court from February 3, 2012 to October 25, 2012 suggesting a bias in favor of the government side.
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