Research › Search › Judgment

J&K High Court · body

2011 DIGILAW 324 (JK)

Abdul Ahad Ganai v. State of J&K & Ors.

2011-06-10

HAKIM IMTIYAZ HUSSAIN

body2011
1. Two persons namely Mohammad Yahya Khan S/o Mohd Shaban Khan and Mohammad Shaban Khan S/o Mohiuddid Khan Residents of Nassalpora, District Budgam were arrested by forces of respondent no 4. It is alleged that they have been killed in the custody by the respondent no. 4. 2. Both of them (son and father) were arrested on 16th April, 1997 and have been killed in the custody by the respondent no. 4, as such, petitioner who is grandfather of Mohammad Yahya Khan and father of Mohammad Shaban Khan has filed this petition, seeking compensation of 50 lacs to the family of said deceased persons. 3. In writ; :tition filed earlier, the court of Sessions Judge Budgam, on enquiry found that both Mohammad Yahya Khan and Mohammad Shaban Khan were arrested by 20 Grenade (Army) in the intervening night of 16th and 17th of April, 1997 and that their whereabouts were not known from the date of arrest. 4. In a petition bearing OWP No. 557/2002 and OWP No. 560/2002. This court has directed investigation of the case. The present petition has now been filed in this behalf. The petitioner through the medium of the present petition seek com­pensation for the family of the both the deceased. 5. Respondents have filed their detailed reply. It is stated that earlier this court had asked the learned Sessions judge to conduct an enquiry about alleged disappearance of the deceased and submit report. The learned Sessions Judge conducted an enquiry and submitted his enquiry report on 24.07.2001. 6. The judgement of the court was implemented and FIR No. 26/05 U/S 364,302 RFC was registered in Police Station Budgam. That after registration of the case, the investigation was set in motion and statements of witnesses were recorded and as per evidence so far collected, it revealed that during the night of April 16th/17th, 1997, some army men in army vehicle cordoned the house of Mohammad Shaban Khan S/o Ghulam Mohi-ud-din Khan R/o Nassrullahpora and entered into his house. Mohammad Shaban Khan and his son Mohammad Yahya Khan were questioned/interrogated. Before wee hours of the morning, the army took both father and son alongwith them in their vehicle. The investigation has also brought to surface that the army personnel who cordoned and lifted the son and father were of 20 Grenadiers. Mohammad Shaban Khan and his son Mohammad Yahya Khan were questioned/interrogated. Before wee hours of the morning, the army took both father and son alongwith them in their vehicle. The investigation has also brought to surface that the army personnel who cordoned and lifted the son and father were of 20 Grenadiers. Further investigation of the case has however got held up for non-cooperation from the respondent No. 04. 7. On consideration and on going through the reply svibmitted by respondents 1 and 2 and also the report of learned Sessions Judge, I find that the respondent No. 4 have arrested persons namely Mohammad Yahya Khan and Mohammad Shaban Khan on intervening night of April 16th/17th, 1997. 8. Since then whereabouts of the said persons are not known. Respondent No. 4 have not explained why the persons were arrested. They could also not give their whereabouts. 9. On consideration of the matter, I find, in the circumstances of the case, petitioner is entitled a compensation. 10.1 accordingly direct that compensation of 20 lacs be paid to the family of the deceased persons (i.e. Rs. 10 lacs each missing person), through the present petitioner. 11. Accordingly State is directed to pay compensation amount out of Security Related Expenditure kept at the disposal by the Central Government. The amount be paid within a period of four weeks from the date copy of this order is served on the respondents. 12. In case, the State Government fails to pay compensation within a period fixed as above, the State shall pay interest @ 10% per annum on the amount, till the amount is paid to the petitioner. 13. Investigation of the case shall be expedited and Chief Judicial Magistrate, Budgam shall monitor it and get it completed in accordance with the law and the procedure without any further delay. 14. Petition is disposed of accordingly.