SC gives clean chit to Indian Army

New Delhi, May 5 (UNI) The Supreme Court today gave a clean chit to the Indian Army facing allegations of killing one Ghulam Mohi-ud-din Regoo, an advocate who was suspected to be a Pakistan trained militant and an ex-divisional commander of Albarq terrorist group.

A bench comprising Justices B P Singh and Harjit Singh Bedi dismissed the petition of Masooda Parveen, widow of the deceased, who was allegedly killed on Febtuary 3, 1998 during an interrogation at Lathapora Army camp in Kashmir.

According to the petitioner, the deceased who was also doing business in the valley, had suffered losses and some of the creditors took help from local militants for recovery of their dues.

As a result of this pressure, Regoo shifted from his village Chandhara to Sopore and remained in hiding for two years before returning in 1994 when there was a decline in militant activities.

However, some militants who were working along with Army got him arrested on October 6, 1994, alleging that he was a Pakistan trained millitant. He remained in custody for three months.

Again on February 1, 1998 he was taken into custody by the unit of the Army (17 Jat) and allegedly died due to torture at the Army camp. Explosives were placed on his body and then detonated to camouflage the murder.

During the hearing, the government counsel contended that he had led the Army patrol party to the militant hideout. When he tried to open the gate there was some explosion which claimed the life of Regoo and injured three Army jawans.

The court, in its decision dated May 2 observed, ''We cannot ignore the fact that many in Kashmir who have gone astray are Indian citizens and it is the situation that has led to this incident. We do appreciate that a fight against militancy is more a battle for the minds of such persons, than a victory by force of ours, which is pyrrhic and invariably leads to no permanant solution.'' ''We cannot ignore that in this process some unfortunate incidents do occur which raises the ire of the civil population often exacerbating the situation and the belief of being unduly targetted with a feeling in contrast of the law and order machinery. It is often in the dock and called upon to explain the steps that they have taken during the course of what they rightly believe to be the nations fight. We also understand that in an investigation of this kind based only on affidavits with a hapless and destitude widow in utter despair on the one side and the might of the state on the other. The search for the truth is decidedly unequal and the court must therefore tilt just a little in favour of the victim.'' While dismissing the petition, the court noted ''We find no evidence to suggest that the petitioner's case was worthy of belief.

On the contrary, we have the Army and police records pertaining to the incidents which clearly shows that Regoo was indeed a militant.

And, the circumstances leading to his death were as per the circumstances put on record by the respondents. We thus find no merit in the petition.'' The petitioner had earlier written a letter to the Chief Justice of India as well as to the state Chief Minister and had refused to approach Jammu and Kashmir High Court as the Bar Association was politicising her husband's death which was not called for and her letter was treated as writ petition under article 32 of the Constitution by the Supreme Court.

UNI