SrinagarThe Jammu and Kashmir High Court on Thursday stayed a government order, granting sanction for prosecution against Deputy Superintendent of PoliceNoor-ul-Hassan Parray for his alleged role in the killing of two youths in the firing by government forces at Khanabal in Anantnag district in 2010.
The stay order was passed by a division bench of Justices Alok Aradhe and Sanjeev Kumar and it comes three weeks after the high court (Srinagar wing) asked the DySP Noor-ul-Hassan Parray to surrender.
Two youngsters Bilal Ahmad Najar and Noor-ul-Amin Dugga were killed near Ahl-e-Hadees Masjid at Khannabal on September 19, 2010, after cops opened fire on the funeral procession of another youth Maroof Ahmad Nath, whose body had been recovered on the fateful day. Maroof had drowned in the Jhelum on September 13 while being chased allegedly by police and CRPF personnel.
Senior counsel Sunil Sethi, representing the DySP submitted that after completion of investigation in (FIR No.355/2010), challan was filed against 18 persons in which the slain youthBilal Ahmad Najar and Noor-ul-Amin Duggawere arrayed as accused. The cause of death shown in the FIR is firing by the CRPF personnel which defy the story of the complainant for which FIR No.361/2012 was investigated and the sanction was granted, Sethi said.
He submitted that the order granting sanction suffers from the vice of non-application of mind and with regard to same incident, two FIRs cannot be lodged.
In view of the submissions and in the facts of the case, it is directed that the operation and effect of the order granting sanction is stayed, till next date of hearing, said the division bench of the high courts Jammu wing.
On July 27, a single bench of Justice M K Hanjura, at Srinagar wing of the high court, directed the DySP to surrender before trial court at the time chargesheet is laid against him in terms of the section 173 CrPC.
…the instant case is remorseful story of a very very unconscionably delayed and dilatory investigation. The occurrence has taken place before a period of seven years. Since the investigation of the case is complete now, therefore, the state is directed to lay the report in terms of section 173crPC before the competent court with utmost dispatch, the single bench of the court had said while deciding a petition under section 561-A CrPC by the DySP.
It is directed that the order of the sanction of the prosecution of the accused can be questioned by him before the trial court at the appropriate stage. In case the petitioner (DySPr) raises this issue before the trial court, it shall decide the same on the merits and shall not get swayed by any observation made by this court in this order, it added.
State Home Department headed by Chief Minister Mehbooba Mufti in an order had said that a probe into the incident revealed that a case under section 304 (II) (culpable homicide not amounting to murder) of the RPC (Ranbir Penal Code) could be made out against the officer.
In exercise of the powers conferred by subsection (1) of section 197 of the Code of Criminal Procedure, Svt. 1989, the State Government hereby accords sanction for launching prosecution against the accused person namely, Noor-UL-Hassan Parray (Dy.S.P) son of Gh. Hassan Parray of Brinal Lammer for the commission of offence punishable under section 304-II RPC, arising out of FIR No. 361/2012 of Police Station, Anantnag, reads the order issued in October last year.
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