Alleged Lolab Fake Enounter case

HC issues bailable warrants of DC Jammu, Kupwara, SSP Kupwara

05/09/2021

Jammu, Sept 4: In a much publicized alleged Lolab fake encounter case in which four porters were killing by showing encounter, the family of deceased filed petition in the J&K High Court seeking direction to respondents to place on record the outcome of the investigation conduted in FIR 69/2005 registerd with police station Kupwara and also to place on the record of Report of DNA and seeking investigation through CBI.
Justice Sanjeev Kumar of J&K High Court after hearing Adv Achal Sharma for the petitioners, issued bailable warrants of Deputy Commissioner Kupwara, deputy Commissioner Jammu and SSP Kupwara to the tune of Rs 15000 each.
When the petition came-up for hearing, Justice Sanjeev Kumar after hearing Adv Achal Sharma observed that in terms of order dated 25.03.2021, Mr. Vishal Sharma, ASGI was granted a week's time to furnish complete particulars of respondent Nos. 8 to 19 before the Registry and this was in compliance to the earlier order dated 28.01.2014 read with order dated 10.07.2020.
ASGI Vishal Sharma has not been able to do so. He, however, prays for some more time on the ground that some of the respondents have retired and some posted at different locations. Court on the request of ASGI , grants three weeks time to do the needful.
Justice Sanjeev Kumar further observed that in the same order passed on 25.03.2021, this Court directed the Deputy Commissioner, Kupwara, Deputy Commissioner, Jammu and Senior Superintendent of Police, Kupwara to remain personally present along with
relevant record of the case on the next date of hearing and the order was directed to be communicated to the office of Advocate General, Jammu for compliance. As per Registry, copy of the order dated 25.03.2021 was forward to the office of learned Advocate General vide dispatch No. 4236 dated 07.04.2021. Despite having been communicated well in time, the respondents have chosen not to appear in person along with relevant record as was directed.
Interestingly, nobody from the office of Advocate General has chosen to appear for them, Court said.
Justice Sanjeev Kumar observed that in these circumstances, this Court is left with no other option but to secure the presence of Deputy Commissioner, Kupwara, Deputy Commissioner, Jammu and Senior Superintendent of Police, Kupwara through coercive means and ordered that the presence of Deputy Commissioner, Kupwara and Senior Superintendent of Police, Kupwara shall be secured through baialable warrants to the tune of Rs. 15,000/- to be executed through Inspector General of Police, Srinagar. The presence of Deputy Commissioner, Jammu shall also be similarly secured through bailable warrants to the tune of Rs. 15,000/- to be executed through Inspector General of Police, Jammu. Both Inspector General of Police, Srinagar and Inspector General of Police, Jammu shall submit compliance on or before the next date of hearing.

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