HC orders personal appearance of IO in custodial ‘torture’ case
In a significant order, Justice Wasim Sadiq Nargal of the High Court of Jammu and Kashmir and Ladakh has directed the personal appearance of the investigating officer of Kathua police station in a case of alleged custodial torture of Makhan Din in March this year.
The court directed the SHO of Billawar police station in Kathua to appear in person for FIR that was registered on March 9 under Sections 108, 127(2) and 115 (2) BNS.
The court also issued notice to the J&K Chief Secretary, Principal Secretary, Home Department, Principal Secretary to the Lieutenant Governor, CBI and the notices were accepted by Senior Additional Advocate General Monika Kohli who waived notices and was granted one week’s time to file the response.
These directions were passed in a writ petition filed by Mohd Mureed (father of Makhan Din) and Juna Begum (widow of Makhan Din), both residents of Bhatodi village in Billawar seeking transfer of investigation to the CBI.
On behalf of petitioners, Advocate Appu Singh Salathia argued that video of Makhan Din, a 26-year-old tribal youth, went viral on social media on February 5 wherein he explicitly stated that during police custody at the Billawar police station, he was brutally tortured throughout the night with a view to compel him to confess his links with the militants.
Salathia further submitted that Makhan Din swore that he is innocent and only because of excessive torture he did confess his links with subversive activities. Makhan Din on camera stated that he is not in a position to face the torture again and allegedly ended his life after consuming some poisonous substance.
Salathia stated that on the dying declaration of Makhan Din, no FIR was registered by Billawar police and a rebuttal was issued branding Makhan Din as an Over Ground Worker. A magisterial inquiry was ordered by Kathua DC and besides a departmental inquiry was also ordered to be conducted by the DIG.
After considering the arguments, Justice Nargal directed that passing of interim direction is deferred for the time being, however, the same shall be considered on the next date of hearing. On the request of the counsel appearing for the petitioner, the Court directed the Registry to list this case again on April 25.
J & K