J-K court orders inquiry against DySP for ‘unprofessional’ probe in UAPA case

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A departmental inquiry has been ordered against a Deputy Superintendent of Police (DySP) of Jammu and Kashmir (J-K) Police for conducting investigation in a “very perfunctory and unprofessional manner” in a case related to ten alleged underground workers of militant outfit Hizbul Mujahideen in Kishtwar district.

According to Indian Express, framing charges against seven of the ten accused men and discharging the three others, third additional sessions judge, Jammu, Sunit Gupta, who also hears NIA cases, “strongly recommended” initiation of a departmental inquiry against DySP Sunny Singh — the investigating officer of the case.

He should be asked as to “why and under what circumstances, he had not collected the real evidence” against accused and “left out important aspects” of the case, Justice Gupta said.

“Before parting, I would like to register my reservations and dissatisfaction against the investigating officer of the present case who appeared to have conducted investigation in a very perfunctory and unprofessional manner,’’ the judge observed, adding that the “quality of investigation nowhere speaks that it has been conducted by a gazetted officer of the rank of DySP”.

In support of his observation, the judge pointed out that despite clear allegations against accused of harbouring categorised militants and providing them weapons, the investigating officer did not bother to seize any of the accused’s mobile phones, or collect their call data records (CDRs) to establish their links with categorised militants.

“I am quite surprised how Sunny Gupta has qualified the administrative examination of the state and become Dy.SP in the police department, as I have not been able to find him suitable in the basic intellect of the person’’.

The seven accused against whom the court framed charges under UAPA provisions are: Bashir Ahmed, Wali Mohammad, Ghulam Nabi, Mohammad Ramzan, Saddam Hussain, Khazar Mohammad and Mohammad Hassan. Khazar and Mohd Hassan were also charged under provisions of the Arms Act.

The three persons discharged were: Zahoor Ahmed, Bashir Ahmed and Yassir Hussain.

Judge Gupta’s observations about the investigation were primarily over the people charge-sheeted in the case. He said DySP Singh should also be asked “how and under what circumstances, he had implicated and charge sheeted accused Zahoor Ahmed, against whom no evidence was available with him even at the time of registration of FIR, as well as presentation of charge sheet.”

He directed the Jammu zone IGP to “conduct a departmental inquiry against deliquent police officer namely Sunny Gupta, DySP who has not done his job in an honest and abled manner’’.

He directed his office to communicate this order to IGP Jammu for compliance.

All 10 of the accused were arrested after an FIR was registered at Dacchan police station in 2020 on charges of providing logistical support, including shelter, weapons, and information about the movement of government forces, to Hizbul Mujahideen militants

“From the perusal of the file, it reveals that initially, at the time of registration of FIR, a number of persons have been roped in the present case but during investigation, the investigating officer namely, Sunny Gupta, DySP (Hqrs) Kishtwar, conducted investigation in such a lethargic and sluggish manner that he had not taken even a little pain to search for evidence in the present case,” the judge observed.

“These kind of sensitive cases which are connected with the sovereignty and unity of the nation have been assigned to such senior police officers with the rank of DySP and above so that a better investigation can be expected from them. But when we look into the investigation in the present case, we find that a much better investigation could be conducted by even a Head Constable in comparison to the investigation conducted by DySP Sunny Gupta,” the judge observed.

Singh has only acted as “spectator” and he had only got the statements of some of the witnesses recorded either under section 161 or 164 of CrPC, Justice Gupta said.

“Besides this, he had not moved even an inch in the investigation of the case,” he observed, adding “I am quite surprised how Sunny Gupta has qualified the administrative examination of the state and become Dy.SP in the police department, as I have not been able to find him suitable in the basic intellect of the person’’.

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