Court framed charges against seven, discharges three alleged three underground worker of HM
Court also passes strictures against IO, directs inquiry
JKUT (Jammu), June-08-2021-( JNF):- In a much publicized Kishtwar arrest of underground works of HM case, 3rd Additional Sessions Judge Jammu Sunit Gupta farmed charges against Bashir Ahmed S/O Lal Din, Wali Mohd, Ghulam Nabi, Mohd Ramzan and Saddam Hussain are ordered to be charged for the offences U/Ss 13/19/39 UA(P) Act. The accused persons Khazar Mohd. is charged for the offence under sections 13/23 UA(P) Act and 3/25 Arms Act . The accused Mohd. Hassan is ordered to be charged for the offences
U/Ss 13/18/19/23/39UA(P) Act and 3/25 Arms Act whereas discharged the accused namely Zahoor Ahmed, Bashir Ahmed S/O Abdul Gani Sheikh and Yassir Hussain.
3rd Additional Sessions Judge Jammu (Special Judge under section 22 of NIA ACT) also passes strictures against DYSP Sunny Gupta and directed for Departmental Enquiry.
Brief facts of the present case are to the effect that on 2nd January 2020, SHO Police Station Dachhan had received an information from reliable source that some of the persons are working as underground workers for the terrorist organization HM and they used to provide all kinds of logical support to the categorized militants of HM Terrorist Organization. Out of those persons are (1) Mohd. Hussain S/O Dullah R/O Kothiyan (2) Saddam Hussain S/(O Mohd. Amin Wani R/O Said Dachhan (3) Ghulam Nabi Chopan S/O Abdul Aziz Chopan R/O Trungie (4) Bashir Ahmed Mengnoo S/O Lal Din R/O Khripakhroo (5) Wali Mohd. S/O Ghulam Mohd Sheikh R/O Saroore Basti (6) Abdul Rahman S/O Miz Zaman Sheikh R/O Saroor Basti (7) Yasir Hussain S/O Ghulam Mohd. Dar R/O Dangdora (8) Khazar Mohd. S/O Habib Sheikh R/O Saroor Basti (9) Bashir Ahmed S/O Abdul Ghani Sheikh R/O Saroor Basti and (10) Zahore Ahmed S/o Sana Ullah Bhat R/O Loharana Tehsil Dachhan. It is also reported that these persons used to provide hideouts and harbour the categorized militants within the jurisdiction of the said police station and they also used to give logistic support for shifting those militants from one place to another. It was also informed that the aforesaid persons were continuously attending the meetings with the active militants of HM Terrorist Organization namely Mohd. Amin @ Jahangir Sarori S/O Mohd. Gaffoor Bhat R/O Saroor, Mudassir Ahmed S/O Tariq Hussain R/O Tinda Dachhan and Riaz Ahmed S/O Mohd. Ramzan R/O Rataki Madoora and they used to supply requisite informations to the aforesaid active categorized militants. Besides this, they were also collecting the terrorists funds for the aforesaid terrorists organization and for executing the terrorists activities .They also used to provide weapons to the terrorists of aforesaid organization and use to supply the important information to the terrorists for their facilitation to execute the terrorists attack. On the basis of the said information,FIRNo.01/2020for the offences under sections 13/18/19/38/39 UA(P) Act was registered with P/S Dachhan and the investigation of the case was assigned to Dy. SP (HQ), Kishtwar Mr. Sunny Gupta. During the investigation, IO had taken the accused persons Bashir Ahmed S/O Lal Din Mingnu R/O Kripakhroo Dachhan, & Wali Mohd S/O Gh Mohd R/O Dangdoroo into custody on 5th Jan.2020 and they were interrogated regarding the facts of the case. Thereafter, the accused persons Khazar Mohd S/O Habib Sheikh R/O Dangdoroo, Bashir Ahmed S/O Ab Gani Sheikh R/O Seodh Basti A/P Dangdoroo, Zahoor Ahmed S/O Sun-Ullah Bhat R/O Lahorna Tehsil Dachhan were taken into custody on 6thJan.2020 and they were also interrogated regarding the present case. During the interrogation, the accused Khazar Mohd had made the disclosure statement in presence of the executive magistrate 1st Class Kishtwar and on the basis of his disclosure statement, one 12 bore Rifle without number was recovered from a nallah. In this respect, seizure memo was prepared. Subsequently on 13th Jan 2020 the accused persons namely Yasir Hussain S/O Gh Mohd Dar R/O Dangdoroo and Ghulam Nabi Chopan S/O Abdul Aziz Chopan R/O Tringali were taken into custody on the basis of the suspicion and they were also interrogated about the present case. During the investigation on 7th Feb 2020 , the accused Mohd Hussain S/O Dullah Gujjar R/O Gujjar Kothian Dachhan, District Kishtwar was also apprehended in the present case and during his personal search, a yellow and green color bag was recovered from his possession. During the search of said bag, 25 live Rounds, five numbers of posters of HM, six photographs of Temples were recovered from the said bag all the said articles were seized and seizure memo was prepared. One of the accused namely Mohd Ramzan S/O Mir Zaman Sheikh who was also one of the suspect in the present case was already in custody in Central Jail, Kot Bhalwal, Jammu in another case vide FIR No. 268/2019 for the offences under sections 13/18/19/20/38/39 UA(P) Act, 3/25, 7/25,7/27 Arms Act since 27th Dec 2019. IO of the case had also obtained the categorization certificate of the categorized militants namely Mohd Amin @ Jahangir Saroori, Mudassir Ahmed and Riaz Ahmed from DPO Kishtwar . The statements of the witnesses under section 161 CrPC and 164 CrPC were also recorded.
On the conclusion of the investigation, the IO has claimed to have proved that the aforesaid accused persons were used to harbour and provide logical support to the active terrorist of HM and they also used to provide all the facilities to shift the aforesaid categorized militants from one place to another. They were also providing the financial assistance to the aforesaid active terrorists for the terrorists activities in the nearby areas, so that an atmosphere of terror be created in the area and also for attacking the integrity and sovereignty of India as a whole and UT of J&K in particular. As per the investigation, the offences under sections 13/18/19/39 UA(P) Act were found to have been proved against the accused persons 1. Bashir Ahmed Mingnoo S/O Lal Din Mingnoo, 2. Wali Mohd S/O Ghulam Mohd , 3.
Zahoor Ahmed Bhat S/O Sana Ullah Bhat,4. Bashir Ahmed S/O Abdul Gani
Sheikh,5. Yasir Hussain S/O Gh Mohd Dar , 6 Ghulam Nabi Chopan S/O Abdul Aziz Chopan ,7. Mohd Ramzan S/O Mir Zaman Sheikh, and 8. Saddam Huaain S/O Mohd Amin Wani. Whereas, the accused Khazar Mohd S/O Habib Sheikh was found to have committed the offence under sections 13/18/19/23/39 UA(P) Act and 3/25 Arms Act. The accused Mohd Hussain was attributed with the offences under sections 13/18/19/23/39 UA(P) Act and 7/25 Arms Act.
Whereas, the accused persons namely Mohd Amin @ Jahangir Saroori, Mudassir Ahmed and Riaz Ahmed who were found to be the categorized terrorists were attributed with the offence under sections 13/18/20/38 UA(P) Act.
While discharging/ framing of charges, 3rd Additional Sessions Judge Jammu (Special Judge under section 22 of NIA ACT) Sunit Gupta observed that before parting away I would like to register my reservations and dissatisfaction against the investigating officer of the present case who appeared to have conducted the investigation in the present case in very perfunctory and unprofessional manner. The quality of the investigation does no where speaks about the fact that the investigation in the present case has been conducted by Gazetted officer with the Rank of Dy SP of police department. From the perusal of the file, it reveals that initially at the time of registration of the FIR, number of persons have been roped in the present case but during the investigation, the Investigating officer namely Mr. Sunny Gupta, Dy. SP (HQ) Kishtwar has conducted the investigation in such a lethargic and sluggish manner that he had not taken even a little pain to search for the evidence in the present case. These kind of sensitive cases which are connected with the sovereignty and unity of the nation have been assigned to such Senior Police officers with the Rank of Dy.SP and above so that a better investigation can be expected from them. But when we look into the investigation in the present case, we find that a much better investigation could be conducted by even a Head Constable in comparison to the investigation conducted in the present case by Mr.Sunny Gupta, Dy.SP. At the time of registration of FIR, there was a clear allegation against all these persons who were arrayed as accused persons that they used to provide, hide outs and harbour the categorized militants of HM terrorists Organization namely Mohd. Amin @Jahangir Saroori , Mudassir Ahmed and Riaz Ahmed . It was also alleged that these persons used to provide weapons to the aforesaid terrorists and also to other terrorists of HM Terrorists Organization. Despite the arrest of all the said accused persons , the investigating officer in the present case has not bothered to seize the mobile phones of any of the accused persons and he has not took any pain to collect the CDRs of their mobile phones and their connectivity with the categorized terrorists. The investigating officer in the present case has only acted as spectator and he had only got the statements of the some of the witnesses recorded either u/s 161 or u/s 164 CrPC. Besides this, he had not moved even an inch in the investigation of the case. I am quite surprise that how Mr. Sunny Gupta, Dy.SP has qualified the administrative examination of the state and become Dy.SP in the police department , as I have not been able to find him suitable in the basic intellect of the person. From the perusal of the file, I just find that he has also arrayed Mohd.Ramzan as one of the accused in the present case . But the accused Mohd.Ramzan was already in judicial custody in another case vide FIR 268/2019 of P/S Kishtwar at the time when the present FIR was registered . It is also interesting to note that the investigation in the said case i.e FIR No 268/2019 was also conducted by the same officer i.e Mr Sunny Gupta ,Dy.SP and as such, he was well aware about the custody ofthe accused Mohd.Ramzan in FIR No 268/2019. But the investigating officer has not taken the custody of accused Mohd. Ramzan in the present case as an accused and no kind of remand either police or judicial was ever obtained in the present case. This kind of lapse on the part of investigating officer is highly depreciable and should not be tolerated. Similarly, while investigation in FIR No 268/2019, the same officer i.e. Mr. Sunny Gupta, Dy.SP has acted in the same like manner and he has also demolish the said case as he has demolish the present case. Due to sheer his incompetency and negligence , this court was forced to discharged some of the accused persons in the earlier case vide FIR No 268/2019 entitled State V/S Tariq Hussain & Ors and in the present case also this court is forced to discharged three accused persons from the present charge sheet.
Upon this Court strongly recommend that a departmental enquiry should be initiated against the said police officer i.e Mr.Sunny Gupta, Dy.SP where he should be asked that why and under what circumstances he had not collected the real evidence in the said cases and left over the important aspects of the cases . He should also be asked that how and under what circumstances he had implicated and charge sheeted the accused Zahoor Ahmed, against whom no evidence was available with him even at the time of registration of FIR as well as, at the time when the charge sheet presented against him and other accused persons. Therefore, Inspector General of Police , Jammu Zone is hereby directed to conduct a departmental enquiry against the aforesaid delinquent police officer namely Mr.Sunny Gupta, Dy.SP who has not done his job in a honest and abled manner . Office is directed to communicate this order to IGP,Jammu through APP ofthis court for its compliance. JNF