Srinagar: The Jammu and Kashmir government has accorded sanction for prosecution of a former Superintendent of Police Ganderbal, Hans Raj Parrihar, and former DySP, Bahadur Ram Keth, in connection with the killing of a civilian Nazir Ahmad Deka in a fake encounter eleven years ago.
A roadside perfume and skull cap vendor, Deka was killed at Yachnar Badergund area of the central Kashmir’s Ganderbal district in 2006.
“The State Government hereby accord sanction for launching prosecution against (Bahadur Ram Keth then (DySP) and Hansraj Parihar, the then SSP, Ganderbal), accused for the commission of offence punishable under section 302, 364, 201, 120-B of Ranbir Penal Code, arising out of FIR No. 62/2006 of Police Station, Kothi-Bagh, Srinagar,” reads an SRO issued here by the state’s home department headed by Chief Minister Mehbooba Mufti.
On 18 February 2006, Muhammad Abdullah Deka had lodged a written report in Police Station Kothibagh, stating that his younger brother, Nazir Ahmad Deka of Daksum Kokernag, who was selling skull Caps and perfumes near Biscoe School Lal Chowk Srinagar was missing since 16 February 2006. On 22 June 2006, another report was received from Muhammad Abdullah Deka, stating that his brother has been abducted by some unknown persons who were boarded in a white color Gypsy, near Biscoe School Srinagar with the intention to kill him.
Subsequently, a case FIR (62/2006) under Section 302, 364, 201, 120-B RPC was registered in Police Station Kothi-Bagh, Srinagar and investigation initiated.
“During the course of investigation, in a similar nature case, bearing No. 06/2007 of P/S Batamaloo, it came to surface that Police Personnel of SOG Ganderbal boarded in a white colour Gypsy had lifted Nazir Ahmed Deka from Lal Chowk near Biscoe School and after hatching criminal conspiracy, killed him in a planned fake encounter at Yachnar Badergund Ganderbal, which was dramatized on 16/17-02/2006, jointly by SOG Ganderbal and 5 RR,” reads the SRO.
On 17 February 2006, the SRO reads, accused Mukhand Raj Guru Captain/Adjutant of 5 RR Army Unit lodged a complaint in Police Station, Ganderbal, stating that an unidentified militant was killed during an encounter.
Accordingly, a case FIR No. 17/2006 under section 307 RPC and section 7/25 Arms Act, 1959 was registered in Police Station Ganderbal.
However, the FIR was investigated upon by SIT (Special Investigation Team) and the claim of accused was found false and a fabricated.
“The appointing authority of Bahadur Ram Keth (Dy.SP) and Hansraj Parihar (SSP) is the Government in the Home Department and the offence has been committed by the accused persons in connivance with other accused, while acting or purporting to act in discharge of their duties and to prosecute them, sanction u/s 197(1) of the code of Criminal Procedure, Samvat, 1989 is mandatory; and
Now, therefore, in exercise of powers conferred by sub-section (1) of section 197 of the Code of Criminal Procedure, Samvat, 1989, the State Government hereby accord sanction for launching prosecution against (them).”