Judicial Magistrate, Banihal has rejected closure-report of police in the 17-year-old murder case of an army man and ordered further investigation into the case asking SP Ramban to monitor the probe.
In a significant order, the Judicial Magistrate First Class(JMIC), Banihal, Manmohan Kumar has shown dissatisfaction with the closure report filed by the police in 17 year old murder case of an Army Jawan who was found dead in the sentry post in the year 2006 and has therefore ordered further investigation in the case to be concluded within the period of three months.
The Court of JMIC, on Friday, also directed the SP Ramban to monitor the investigation of the case.
While taking serious note of the matter, JMIC Banihal observed in its order that there are discrepancies in the investigation as at one point Investigating Officer observed that some unknown officials have killed the deceased and simultaneously investigating officer(IO) himself has concluded that death might be an act of terrorists. However, IO has not collected any evidence that there was any transgression or attack in the army camp on the fateful night.
The Court has also said that the Investigation conducted by the IO’s show total reluctance on their part to unravel the truth or lack of modicum knowledge of law needed to investigate an offence like murder. The casualness and callousness of the police is reflected from the fact that they are not able to identify the accused within the four walls of a camp, it said. “The entire investigation and the closure report therefore lack bonafide. The Court is dissatisfied with the manner in which the police were dragging its feet in failing to make proper investigation, raising serious doubts that efforts were being made to protect someone, ” the order stated.
While relying upon the celebrated judgment of the Apex Court rendered in case titled Hassanbhai Valibhai Quarashi vs State of Gujarat, the Court observed that the case in hand demands further investigation in order to do justice. Much time has passed and there is undoubtedly an urgency in the matter now therefore, this court direct that further investigation must be concluded within a period of three months from today and the police report be filed before the court concerned whereafter the matter shall proceed in accordance with law.
The Court remarked that it was astonished to note that the closure report kept at Police Station Banihal for 6 years after the completion of the investigation, as the closure report was prepared in the year 2016, but presented before the Court in the year 2021.
