HC dismissed petition against Maj Duhoon

10/12/2017

JAMMU, Dec 9: In a petition filed by Ghulam Mohammad War regarding death of his son by Army, seeking direction the respondents to conduct an inquiry into the matter and submit the report before this Court within a period of one month, also seeking direction respondents to pay compensation to the petitioner to the tune of Rs. 50 lakh for custodial death of his son and also seeking direction to respondents to investigate the matter and presents the challan against the accused person in the Court of competent jurisdiction.
Justice MK Hanjura after hearing both the sides observed that dismissed the petition with the observations that Government of India, Ministry of Defence has refused to accord sanction to the prosecution of Major (now retired) Anil Duhoon, for his alleged involvement in the death of Nazir Ahmad War. Sanction gives the Court the teeth to proceed against the accused in a matter and in any case where sanction is not accorded, the Court does not have the jurisdiction to proceed further. The sanction to prosecute is an important matter and constitutes a condition precedent to the institution of the prosecution. Sanction regulates the competence of the Court and the refusal thereof bars its jurisdiction in a case like the present one.
According to the peititoner, he lodged a report before the police authorities of Police Station, Bijhama stating therein that the personnel of 14th Mahar headed by one Major Dhun came to his house and took away his son, named Nazir Ahmad War along with them. He did not return to his home. The arrest of the main accused, an army officer namely Major Dhun and the roll of other personnel of 14th Mahar has to be ascertained for which a series of communications have been sent to the army authorities. However, despite a chain of reminders the army authorities in response to one of the letter bearing No. SDU/27/99/2012/801-02 dated 12.2.2012, communicated that Major Dhun has retired from service and the records of the personnel of 14th Mahar and Major Dhun are stated not available with them. The letter also stated that further details will be provided later on. As of now only the nominal roll of the personnel of 14th Mahar, the present location of 14th Mahar and the address of Major Dhun are required and to this effect the 29th Mountain Brigade C/o: 56-APO was vide letter No.SDU/Crime-2012-1923-25 dated 11.04.2012 requested to give the details of the roll of the 14th Mahar and the present location of Major Dhun and personnel, who were a part of the search operation on 23.04.1996 but nothing has been received from them. JNF

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