Recently, in a strongly worded intervention highlighting deep institutional apathy, the High Court of Jammu & Kashmir and Ladakh has stepped in to scrutinise a disturbing investigative lapse surrounding the suspicious death of a 13-year-old girl. The Court examined whether local police authorities had treated the death of a minor with the seriousness it demanded, flagging alarming delays, casual supervision, and a mechanical approach that, in its view, threatened to defeat justice at its very inception.
The case arose from a writ petition filed by Mukhtyar Ali, whose minor daughter was found hanging from a tree near their residence in August 2024. Troubled by the silence and lack of clarity from the police even weeks after the incident, the grieving father approached the High Court nearly two months later, alleging that the investigation had failed to meaningfully ascertain the cause of death. He voiced suspicion that his daughter may have been subjected to sexual assault and murder, contending that senior police officials, including the Senior Superintendent of Police (SSP), Jammu, and the Station House Officer of Police Station Gharota, had shown repeated indifference. As proceedings unfolded, the Court sought status reports, only to discover that the inquiry had been assigned to a probationary Sub-Inspector and was proceeding without visible urgency, senior oversight, or substantive investigative effort, raising serious doubts about whether the case was ever treated as anything more than a routine death.
Justice Rahul Bharti expressed sharp disapproval of the manner in which the investigation was being conducted, noting that the first status report appeared less like a factual briefing and more like an attempt to dismiss the petitioner’s concerns outright. The Court was particularly unsettled by the disclosure of the minor victim’s identity in official filings and the complete absence of any reference to Executive Magistrate involvement in the inquest proceedings.
The Court observed that “This Court wonders that if the petitioner would not have approached this Court with the present writ petition, then how the petitioner would have been apprised by the SDPO, Akhnoor, about the state of inquiry/investigation in the case when this Court itself was being informed in such a perfunctory manner”.
Even the subsequent constitution of a Special Investigation Team failed to inspire confidence, as it comprised the very officers whose conduct had already drawn judicial criticism. Concluding that further delay would result in the loss of crucial evidence and lead only to “adulterated versions” of the incident, the Court held that the investigation could not remain with the district police.
Consequently, the Court directed that the probe be transferred to the Central Bureau of Investigation (CBI), Jammu, and ordered the personal appearance of senior SIT officials and the SP, CBI, along with the complete inquiry record, on the next date of hearing.
The matter has been listed for further hearing on 18th December 2025.
Case Title: Mukhtyar Ali v. UT of J&K & Ors.
Case No.: WP (Crl) No. 70/2024
Coram: Hon’ble Mr. Justice Rahul Bharti
Advocate for the Petitioner: Adv. Deepika Pushkar Nath
Advocate for the Respondent: Sr. AAG Monika Kohli
Read Judgment @Latestlaws.com
Picture Source : twitter.com
