Casual approach in investigating militancy case;Court directs SSP Ramban for reinvestigation

STATE TIMES NEWS
JAMMU: Taking serious note of casual approach of police in investigating militancy related case in which Unlawful Activities (Prevention) Act was dropped against alleged Over Ground Worker (OGW) of Hizbul Mujahideen, Judicial Magistrate, Ukhral Prem Sagar returned the Challan with a direction to SSP, Ramban seeking re-investigation.
The Court observed that SHO Police Station, Ramsoo presented the Challan in presence of accused namely Abdul Latief while the other accused namely Salman Khan was stated to be absconding.
The Court further observed that Investigating Officer had dropped the offences under Sections 13, 17 to 21 of Unlawful Activities (Prevention) Act also called as ULFA, for the simple reason that abovementioned accused persons had not used the wireless set seized from them and its mere possession is not an offence while the file revealed that prosecution had written to the government for obtaining sanction which is prerequisite for presenting the Challan in the Court under ULFA but fate of aforesaid letters has not been known till the filing of Challan and it is justified that on the opinion of Prosecution, the main offences were dropped being not made out.
The Court observed that it is clear from the order of SP, Ramban that the CD file had been submitted for accord of government sanction many a times but the file was received back repeatedly with some lacunae. When the prosecution could not seek the sanction and cover the lacunae, it arbitrarily dropped the offences under Sections 13, 17 to 21 of Unlawful Activities Act.
The Court observed that the prosecution didn’t examine the file thoroughly before giving advice to officers at helm of affairs particularly when it was clear from the statements of witnesses recorded under Section 161 Cr. P.C that accused Abdul Latief was working for his brother-in-law who was associated with Hijbul Mujahideen organisation and said accused was an “OGW” who was taking the seized articles for providing them to militants for creating terror in the State and for causing loss to security forces.
With these observations, the Court returned the Challan with a direction to SSP, Ramban for reinvestigating the matter. A copy of the order was also sent to Director General of Police, J&K for his information and monitoring of this sensitive investigation and directing him to seek explanation from the erring officers for showing such a casual approach.