JKSHRC asks govt to file charge-sheet against Army men

By Staff
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Srinagar, Aug 27 (UNI) The State Human Rights Commission (SHRC) in Jammu and Kashmir has directed the state government to file a charge-sheet against an Army major and a soldier, accused of abducting and murdering a person in 2005.

Disposing of a petition, SHRC member Habibullah Bhat also recommended for payment of an ex-gratia relief of Rs one lakh and a government job under SRO-43 to next of kin of Abdul Rashid Shabangi who was abducted and murdered, allegedly by the Army men.

Major Sharma and soldier Kuldeep of 30 Rashtriya Rifles were alleged to have kidnapped and killed Shabangi, a resident of Hari Malikpora in Handwara area of Kupwara district, in 2005.

In his order on the petition filed by victim's father Syed Ali Shabangi in February 2005, Mr Bhat said the investigations into the case established offences under sections 346 and 109 of Ranbir Penal Code (RPC) against the accused.

As the accused were Army personnel, the unit concerned was urged to produce them before the investigation officer (IO), station house officer (SHO) and higher officials, he added.

But neither the accused appeared before the investigating agency nor their nominal rolls were received by the Kralgund police station while another accused Nazir Ahmad Khatana, an Army informer, was arrested and detained under public safety act in the Kot Bhalwal central jail in Jammu, Mr Bhat said.

He said on examination of the report of Inspector General of Police, Kashmir, it was painful to note that after holding Major Sharma and soldier Kuldeep liable for abduction and murder of Shabangi, the accused have not been punished for abduction and murder of Shabangi under sections 346, 302 and 109 of RPC.

Mr Bhat said the police had expressed helplessness over taking any action under law against the accused Army personnel or arresting and interrogating them.

''This helplessness of the then SHO and IO sounds a note of caution. It is totally discouraging, distressing and reflecting the failure of dedication in duty. What is the purpose of registering a case and recording a finding of liability during investigations?''.

The SHRC member said the petitioner was found entitled to Rs one lakh as ex-gratia relief and benefit of SRO-43 to a family member.

The Commission also recommended to the state government to file the charge-sheet in the court of law against the accused in the FIR 106/04 lodged at the Kralgund police station, he said, adding the Army could also court marshal them.

UNI

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