HC directs State and CBI to file objection within 10 days

JAMMU, APR 25: In the much publicized Kathua rape and murder of minor in which two police cops who are alleged accused and have filed a petition in the state High Court seeking CBI probe, Justice Alok Aradhe of J&K High Court at its Jammu Wing after hearing Sr. Advocate UK Jalali with Advocate Veenu Gupta for the petitioners and Advocate General Jehangir Iqbal Ganai with Deputy AG Ehsan Mirza for the State besides Advocate Monika Kohli for the CBI, issued notice to Principal Secretary Home J&K, Director General of Police, IGP Jammu and Central Bureau of Investigation which was accepted by counsel for the respondents.
Justice Alok Aradhe also directed the State and CBI to file objections within 10 days and directed Registry to list this petition on May 7, 2018.
While directing respondents to file objections, Justice Alok Aradhe observed that senior counsel for the petitioners submitted that from the perusal post-mortem report, it is evident that the post-mortem report has been altered. In the second post-mortem report, there has been additional injury. It is further submitted that three Special Investigation Teams were constituted and this Court has power to transfer the investigation to CBI even after filing of the charge sheet. In support of his submissions, the senior counsel has relied upon the decisions of the Supreme Court in the cases of Rubabbuddin Sheikh vs. State of Gujarat and ors; Dharam Pal vs. State of Haryana and others; Pooja Pal vs. Union of India and others; State of Punjab vs. Central Bureau of Investigation and others.
On the other hand, Advocate General for respondents 1 to 3, while opposing the submissions made by the counsel for the petitioners, submitted that the petitioners are the accused persons and the petitioner No. 1 himself was the Investigating Officer in the case and he did not perform his duties properly, therefore, he was changed and was made accused. It is submitted that the writ petition at the instance of the petitioners, who are accused, is not maintainable. In support of his submissions, reference has been to the decision in the case of Sudipta Lenka vs. State of Orissa and others.
Justice Alok Aradhe after considering the rival submissions made by the counsel for the parties observed that the question of interim relief as well as question of maintainability of the writ petition shall be examined on the next date of hearing. It is made clear that the trial court shall be free to proceed ahead with the trial of the case.
This significant direction has been passed in petition filed by alleged accused Sub Inspector Anand Dutta and SPO Deepak Khajuria seeking CBI probe.
In the petition it has been submitted that the Crime scene has been fiddled with by the Crime Branch after they took up the investigation in the matter. The photographs have also been fiddled and matter of the fact that the vital evidence available in the shape of clothes and body of the victim being dipped with sand and earth would have negated the theory that she could have been kept at the Devasthan which had cemented pucca floor. The Crime Branch has gone to the extent of manufacturing evidence by collecting the hair strains after months of occurrence from Devasthan to connect it with the victim so as to project a story that the girl was kept there. It has come in the evidence that Devasthan is washed three times a day including the room in which the girl was allegedly kept as such there was no possibility of any hairs found after a month of the alleged incident. It is very easy to place a hair strain in the said room and recovering it as the hair of blood relation would have given the same DNA report. The whole scenario has been created by wreckless and physically torturous investigation which has been done by the Crime Branch for oblique motive and under the grab of this tainted investigation the whole society of Jammu including the petitioners before the Court have been put to an illegal impact of making the whole nation and international community to believe that the people of Jammu region belonging to a particular community can do something which is against the norms of human consideration
In the petition it has been submitted that under the garb of investigation the real motive is to provide illegal protection to the encroachment of the Government land by nomadic community where some people of the community are acting on behalf of the land mafia to encroach government land.
It is further submitted that a situation has been put to an advantageous position for Kashmiri Separatists who have successfully divided the Jammu on communal lines and tainted investigation by the Crime Branch has played a major role in creating wedge in two communities in Jammu Division which has not happened for last seven decades despite efforts by Separatist forces. JNF