Custodial Killing Plea: HC Tells Govt To File Objections


Srinagar: Jammu and Kashmir High Court has directed government to file objections to a petition filed by a woman seeking probe into the killing of her husband in alleged fake encounter during his detention.

Meanwhile, the court listed the case for further hearing on December 30 and also directed the government to file the status report about the case.

The court direction came after a woman Shabina in her plea before the court alleged that her husband Sajad Ahmad Malik, a former Sarpanch, resident of Batangund Verinag was killed by police after he was arrested a false and fabricated charges on November 30.

Shabina, who appeared in person before a single bench of the HC comprising Justice Musaffar Hussain Attar and pleaded that she should be heard since she has no money to engage any counsel, said police has not only refused to investigate the killing but has not registered a case. 

She sought court directions to register a murder case  against the  Station House Officer (SHO) of police station, Dooru, who had arrested Malik before his death.

However, advocate Moulvi Ajaz informed the court that he was ready to appear on her behalf in the case. He submitted that he would not charge any fee from the petitioner and the court took her statement on record.

The court later issued notice to Commissioner Secretary Home, Director General of Police (DGP), Inspector General of Police (IGP) Kashmir as also Additional Advocate General Bashir Ahmad Dar seeking objections to the petition.

The petitioner said her husband was arrested by and lodged in police station Dooru. She said despite granting interim bail to Malik by a court he was not released and kept in detention, she pleaded and alleged that he was later murdered in a fake encounter.

She said that despite directions by Judicial Magistrate Doru, police has failed to register the criminal case against the SHO.

However, a police spokesman had claimed that Malik was shot dead by Army at village Agnoo Zamaigam, Dooru when he was fleeing after snatching a weapon from a police constable in police station.

The former Congress sarpanch was arrested for his alleged involvement in the protests during the Kashmir unrest.

However, the killing of Malik evoked massive protests and Congress, CPI(M) and other mainstream parties demanded judicial probe into his killing.

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