SANDEEP MAWA Vs. UNION OF INDIA
LAWS(J&K)-2020-12-82
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 21,2020

Sandeep Mawa Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

PEOPLES UNION FOR CIVIL LIBERTIES V. STATE OF MAHARASHTRA [REFERRED TO]
EXTRA JUDICIAL EXECUTION VICTIMS FAMILIES ASSOCIATION V. UNION OF INDIA [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. STATE OF MAHARASHTRA [REFERRED TO]
EXTRA JUDL. EXEC. VICTIM FAMILIES ASSN. & ANR. VS. UNION OF INDIA & ORS. [REFERRED TO]


JUDGEMENT

RAJESH BINDAL, PUNEET GUPTA, J. - (1.)The present petition has been filed for claiming the following reliefs:
"a) By a writ of Certiorari The investigation initiated by J&K Police related to the Shopian Fake Encounter of 18.07.2020 involving the victims namely Ibrar Ahmad (16), Mohammed Ibrar (21) and lmtiaz Ahmad (26) residents of District Rajori, J&K, may be quashed as being illegal and in contravention to the law laid down in Extra Judicial Execution Victims Families Association v. Union of India (2017) 3 SCC (Cri) 622.

By a writ of Mandamus

(a) The appropriate investigating agency may be directed to register FIR to investigate the matter in terms of law and as per the guidelines formulated under Article 141 in People's Union for Civil Liberties v. State of Maharashtra (2014) 10 SCC 635.

(b) The investigation of the case may be entrusted to a Special Investigating Team (SIT) constituting members other than from J&K Police, monitored by this Hon'ble Court, in furtherance to the dictum of law Extra Judicial Execution Victims Families Association v. Union of India (2017) 8 SCC 417 and People's Union for Civil Liberties v. State of Maharashtra (2014)10 SCC 635.

(c) Respondent No. 6 may be directed to preserve the graves of the victim from any tampering pending investigation of the case.

(d) Respondent no.1 may be directed to constitute a High Powered Committee to analyze the aspect of criminalizing Custodial Killings and Fake Encounters by way of a special legislation.

(e) Respondent no. 1 may be directed to constitute the State Human Rights Commission and Human Rights Courts in terms of Section 21 and 31 respectively in the territory of J&K.

(d) Respondent no. 1 may be directed to pay a compensation of Rs. 1 crore each to the family of the victims."

(2.)The learned counsel for the petitioner submitted that in the case in hand, the petitioner, a public spirited person, is the Chairman of J&K Reconciliation Front and a Kashmiri Pandit. He submitted that there was blatant violation of the human rights in the fake encounter where three labourers, namely, Ibrar Ahmad, Mohammed Ibrar and lmtiaz Ahmad aged about 16, 21 and 26 years, respectively were killed on 18.07.2020 at Shopian. FIR No. 42 of 2020 was registered at Police Station, Hirpora, Shopian. It was termed as an encounter with the terrorists. However, was found to be fake. This was even admitted by the subsequent press release given by the Armed Forces.
(3.)Referring to the judgments of Hon"ble the Supreme Court in People's Union for Civil Liberties v. State of Maharashtra (2014) 10 SCC 635, Extra Judicial Execution Victims Families Association v. Union of India (2017) 3 SCC (Cri) 622 and People's Union for Civil Liberties v. State of Maharastra (2014) 10 SCC 635, the learned counsel for the petitioner submitted that the guidelines laid down therein by Hon"ble the Supreme Court in exercise of powers under Section 142 of the Constitution of India are not being followed. The entire evidence will be destroyed, in case immediate action is not taken in the matter.
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