HC dismisses plea for judicial probe into Handwara case

Ishfaq Tantry

Tribune News Service

Srinagar, May 4

The Jammu and Kashmir High Court today dismissed a public interest litigation (PIL) by the Kashmir Bar Association seeking a high-level judicial probe into the alleged Handwara molestation incident and five civilian killings, which occurred in Handwara and Kupwara areas of north Kashmir between April 12 and 15.

In its orders today, a division bench of Justices Ali Mohamad Magrey and Tashi Rabstan observed that “this is not a case where this court would need to take any action in the exercise of its inherent powers because the state government and its functionaries (police) have already taken the required steps envisaged by law”.

The court, however, observed that the aggrieved parents of the girl, whose video was leaked on social media revealing her identity while in police custody, were “free to seek compensation in appropriate proceedings”.

The bench had reserved its orders in the PIL on April 26 after hearing the Bar Association and the government.

“The petitioner (Bar president) himself seems to be keen to ensure that the investigation is conducted by a credible police officer of repute. The IGP himself has constituted a Special Investigation Team headed by an officer of the rank of DIG,” the court said in detailed orders today.

“It is nobody’s case that the officers constituting the SIT or the DIG concerned are, in any way, less reputed. Otherwise also, in the absence of any cogent material to the contrary, it would not be justifiably possible for anybody, including this court, to raise a finger against any police officer for being less reputed,” it added.

Coming to the prayer of the Bar that a high-level judicial probe by a sitting High Court judge be ordered into the alleged molestation incident and killing of civilians, the bench observed that “there is no reason for this court to suspect that the police/SIT would not do what is required of them under the Code of Criminal Procedure” to achieve the aforesaid objectives.

“Even if for the sake of argument, a judicial probe is ordered, any report that may ultimately be made by such judicial authority would not be more than a recommendation. And such authority for formulation of such recommendation would again be dependent upon the very same police agency,” the High Court observed.

Coming to the alleged videographing of the Handwara girl in the police station and the circulation of the video, the court said: “We leave the aggrieved persons, if any, free to seek compensation in appropriate proceedings.”

“In the light of the above, we are of the considered view that this is not a case where this court would need to take any action in exercise of its inherent powers, because the state and its functionaries have already taken the required steps envisaged by law,” the court said while giving credit to the government and the police for taking appropriate action.

“This petition is, accordingly, dismissed as being unnecessary. For the present, we do not make any order as costs,” the bench observed.