Jammu & Kashmir High Court - Srinagar Bench
Abdul Rashid Shalla vs State Of J&K And Ors on 4 May, 2023
S. No. 19
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
OWP No. 2092/2015
Abdul Rashid Shalla ...Appellant/Petitioner(s)
Through: Mr. M. A. Qayoom, Advocate with
Mr. Mian Tufail, Advocate
Vs.
State of J&K and Ors. ...Respondent(s)
Through: Mr. Mohsin Qadiri, Sr. AAG with
Ms. Maha Majeed, Advocate
CORAM:
HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
04.05.2023
1. Petitioner, through the medium of this petition, seeks enforcement of
recommendations of the Human Rights Commission dated
05.02.2013, which reads as under:
(i) That the State Government/District Administration shall
sanction and pay ex-gratia relief ofRs. 1.00 lac in favour
of the NOKs of deceased subject Nazim Rashid Shalla
alias Anjum immediately and also extend benefit of
SRO-43 in favour of the eligible NOK of the deceased.
(ii) That regarding the culpability of the officers and officials
who were involved in the custodial torture and death of
the deceased, the Commission recommended that the
Director General of Police will initiate a high-level
departmental enquiry against all the officers/officials
involved in the commission of crime for locating their
culpability of their acts of omission and commission
which resulted in the death of Nazim Rashid Shalla,
under intimation to the Commission.
(iii) That if on enquiry, all or any of the officers are found
responsible in any way for the death of the subject, then
proceedings be initiated for prosecution of the
Investigating Officer of FIR No. 202/2011 of Police
Station Sopore, as according to the Commission, he had
not conducted investigation of the case in a just and fair
manner which resulted in violation of human rights.
2. Respondents have filed reply, wherein it is stated that by virtue of
oral/documentary evidence collected during investigation, a prima
facie case under Section 302, 201, 34 RPC, was established against
Janak Raj S/o Shankar Dar R/o Mangal Bishnah, Jammu (HC No.
708/AP-7th Bn), Nissar Ahmad Malik S/o Ab. Gani Malik R/o
Bamidora Kokernag (SGCT No. 203/Spr) and Mohammad Abass
Palla S/o Gh. Hassan R/o Kigmarg, Larkipora Anantnag (SGCT No.
245/Spr), who were arrested in the case. It is further stated that on
28.07.2011, police station Tarzoo received information through
reliable source that atKrankshivan Colony Crossing, some unknown
militants fired upon one Mohammad Ashraf Dar S/o GhMohammad
Dar R/o Naseembagh, Sopore, resulting in hison-spot death. To this
effect, a case FIR No.09/2011under Section 302/RPC, 7/27 A, Act,
stands registered inPolice Station Tarzoo. During investigation,
statements of witnesses were recorded. Besides, physical evidence
collected during investigation, one fired empty cartridge was
recovered during the spot inspection of scene of crime. Later on, one
Bilal Ahmad Dar @ Huzaifa S/o:Mohammad Ismail Dar R/o: Naseem
Bagh Chankan, whowas an active militant of LeT, was arrested with
the recovery of one pistol and other arms/ammunition. The pistol
recovered from the said militant and the empty cartridge recovered
from the scene of crime were sent to FSL Srinagar, where it was
opined that the empty cartridge recovered from the scene of
occurrence, has been fired through pistol recovered from the accused,
namely, Bilal Ahmad @ Huzaifa. During investigation, involvement
of deceased Nazim Rashid Shalla @ Anjumwas prima facie
established under Section 302, 120-BRPC in case FIR No.09/2011 of
Police Station Tarzoo. The investigation of the case has been
concluded as Challan against Bilal Ahmad Dar @ Huzaifa @ Aak
MolviS/o Mohammad Ismail Dar R/o: Naseembagh Sopore,(2) Abu
Aakash @ Badder R/o: Pak (now dead) and (3)Nazim Rashid Shalla
(now dead) was presented before the court of law. Departmental
enquiry has been initiated against SI Dilraj Singh, No.7305/NGO,
SGCT Yousu-ul-Umer No.665/IRP-7th Bn and Ct. Irshad Ahmad
No.132/Ap-7th Bn and Ct. Dileep Kumar No. 187/AP-7th Bn.
3. What gets revealed from the perusal of reply is that the investigation
with regard to the occurrence had been carried out by official
respondents.
Now the question arises as to whether recommendation of
Human Rights Commission with regard to benefit of SRO-43 in
favour of the eligible NOK of the deceased can be enforced through
this writ petition. This issue has already been set at rest by the
Division Bench of this Court in case bearing OWP no.1756/2018
titled as State of J&K v. J&K State Human Rights Commission and
others, and is squarely applicable to case in hand as well.
4. In view of aforesaid Division Bench judgment, the recommendations
made with regard to appointment was not within the domain of
Human Rights Commission, thus, cannot be enforced through this
writ petition. However, petitioner is at liberty to make a representation
for benefit of SRO-43 in favour of the eligible NOK of the deceased
before the respondents. In the event representation is made, the
respondents shall consider and decide the same expeditiously in
accordance with applicable laws and rules governing the field.
5. Disposed of.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR
04.05.2023
Manzoor
