The Bold Voice of J&K

MISSING DOMESTIC HELP CMP filed in HC for SIT probe; police alleges non-cooperation

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JAMMU: Advocate Deepika Singh Rajawat, who is also Chairman of an NGO Voice for Rights, on Monday filed Civil Miscellaneous Petition (CMP) in Jammu wing of the State High Court on for constitution of a Special Investigation Team (SIT) to investigate into the mysterious disappearance of a domestic help from a Judge’s house in Bhathindi in the city periphery. She has also made a plea for not including DySP Rafiq Manhas in it apprehending his biased attitude in the case.
The petitioner has named State of Jammu and Kashmir through Commissioner/Secretary to Government, Labour and Employment, Civil Secretariat, Jammu/Srinagar, Kanwar Chabra, care of Patel Nagar, Akhnoor, Labour Commissioner, Jammu, Assistant Labour Commissioner, Jammu, Inspector General of Police, Jammu, Senior Superintendent of Police, Jammu, Station House Officer, Police Station, Nowabad, Jammu, Director, Social Welfare Department, Jammu, Deputy Commissioner, Jammu as respondents in this case.
Meanwhile, SDPO East Dy SP Rafiq Manhas has said that an FIR under Section 363 CrPC has already been registered in the case. However, no one from the complainants came forward after lodging the report. “There was no cooperation from the aggrieved family after lodging the FIR. As the boy was minor, we registered the FIR under 363 CrPC,” Dy SP Manhas said, adding that, “we wanted to record statement of the aggrieved family to proceed further.”
“If family makes a statement about the involvement of PSO, we will book him.” he said, adding that no one came forward so far.”
According to Dy SP, the missing boy is reported to have used his mobile and ATM during these days. He is also reported to have been seen with some of his relatives, he said while reiterating that law will take its course in the case. “Nobody is above law”, he asserted and refuted the allegation that he had told the family of the boy that ‘nobody, even the Chief Minister cannot do anything as the complaint was against a Judge”.
Meanwhile, the CMP field by Advocate Deepika Singh on states that on 10th May 2015 she got a phone call from a reliable source about the mysterious missing of a child namely Rafiq Ahmed (15), resident of village Ragura, Nagrota, Tehsil and District Jammu, who was employed as domestic help by Chief Judicial Magistrate, Rajouri, Mehmood Choudhary, resident of Bathindi, Jammu in violation of Child Labour Act, 1986 three years ago when he was only 12.
She stated in the CMP that after locating the parents of the child, she rushed to their village Ragura in the outskirts of Jammu near ASCOMS Sidhra, Jammu and his parents informed her that since 12th April 2015 their child is missing from the residence of Judicial Officer. And, the Police has failed to locate the missing child, the CMP adds.
According to Advocate Deepika Singh, the Judge had promised the family that their child will be admitted in a school and provided employment after he completes his education. They further said that the Judge and his wife had not told them about the whereabouts of their son and instead closed their doors for them. The Judge and his wife is alleged to have been using unparliamentarily language against them.
After going through the tale of woes of poor parents, Advocate Deeipka stated in the CMP that on a very short notice after speaking to some Police officers and finding inaction on their part, she decided to bring this matter in public domain and organized a press conference, highlighting the mysterious disappearance of the minor child. In presence of the parents of the child, she addressed the media and demanded Constitution of a Special Investigation Team (SIT) headed by an honest officer so that the credibility is attached to the investigation.
She said the parents of the minor apprehend that their son might have been eliminated as his whereabouts are not traceable for the past 29 days and the Police is sleeping over the matter. Despite requesting the Police to interrogate the PSO of the Judge namely Noor, whose conduct appears to be suspicious the Police preferred to remain loath in its approach, she added.
“Looking into the magnitude of the plight of poor parents, having no influence, I preferred to approach the Court so that appropriate directions are issued to the Police to investigate the matter uninfluenced by any outside pressure” she states in the CMP.
Since there is direct involvement of a Judicial Officer in the matter, there is every possibility of investigation getting derailed/influenced as such the indulgence of this Court is sought, the CMP further stages, adding that even otherwise the Police is duty bound, as per the Judgment of the Apex Court to seek requisite permission from the High Court to proceed against the Judicial Officer and according to petitioner’s knowledge no such permission has been applied so far by the concerned Police Agency i.e. Police Post, Narwal, Jammu falling under Police Station, Bahu Fort, Jammu.
Advocate Deepika further states in the CMP that the matter is of immense public importance as few days back a chopped body of a girl, namely Shivani was recovered who had refused to join the flesh trade and the assailants cut her into six pieces and Police miserably failed to initiate action against the accused timely. “It was only after a Habeas Corpus Petition was preferred and this Court took cognizance in the matter and only then Police got activated and within days recovered the chopped body of the girl”, the CMP added.
“In this case also no action has been initiated by the Police for the last 29 days solely for the reason that parents are poor and the alleged accused are influential and in a position to abuse the process of law and in case cognizance is not taken in this case there is every apprehension that the young boy may not get the same treatment as was given by the assailants to young Shivani”.
She has sought appropriate directions for initiating disciplinary proceedings against CJM, Rajouri for violating the mandate of Child Labour Act, 1986 so that a strong message goes to the society at large that no one is above law.
“Moreover, the Court may kindly direct the Director General of Police, J&K to constitute a Special Investigation Team (SIT) comprising officers having impeccable integrity so that the mysterious disappearance of the minor is probed with utmost promptitude and in the proposed SIT the name of the SDPO East should be excluded for his biased approach in the matter. Right now there is a missing report lodged by the parents with the Incharge Police Post, Narwal, Jammu and as already pointed out there is no headway in the matter for the reasons best known to the Police”, CMP further states.

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