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July 18 Shopian Encounter: PIL Seeks SIT Probe Other Than Police, GoI Says Plea Not Maintainable

INS Desk by INS Desk
October 3, 2020
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July 18 Shopian Encounter: Police To Carry DNA Sampling, Probe ‘Other Aspects’
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Srinagar, Oct 03: A Public Interest Litigation has been filed in J&K High Court, seeking investigation into ‘fake encounter’ killing of three labourers by Special Investigation Team other than Jammu and Kashmir Police to be monitored by the court.
The petition has been filed in respect of the killing of Ibrar Ahmad (16), Mohammad Ibrar (21) and Imtiaz Ahmad (26 years), by Dr. Sandeep Mawa, a Medical Doctor, who is functioning as a Chairman of the Jammu & Kashmir Reconciliation Front.
As the plea came up for the hearing before a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta, Assistant Solicitor General of India T. M. Shamsi submitted that the petition by a private citizen would not be maintainable inasmuch as the parents of the deceased have already filed a plea at Jammu Wing. He said the plea was listed on August 28 and thereafter on September 28.
Following the submissions Advocate Salih Pirzada, Mawa’s counsel, sought a short adjournment to ascertain and verify the nature of the proceedings in the petition.
“Let him verify the same and address the Court on the next date,” the court said and posted the plea on October 23.
The PIL besides the investigation by the SIT also seeks courts direction to preserve the graves of the victims from any tampering pending investigation of the case and compensation of Rs. One crore each to the family of the victims.
He also seeks direction to the government to constitute a High Powered Committee to analyze the aspect of “criminalizing Custodial Killings and Fake Encounters” by way of a special legislation.
A direction has been also sought to the government 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.

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