Srinagar: Jammu and Kashmir High Court has issued a notice to army and state government on a petition by the mother of a 21-year old graduate youth who was allegedly killed in a fake encounter in Bandipora district of north Kashmir in 2006.
The notice returnable within four weeks was issued to respondents by a single bench of the court after hearing advocate Mir Shafaqat Hussain on behalf of Saleema Begum, the mother of the victim Abid Husaain Shah.
The respondents in the case include Defense Secretary New Delhi, Commandant 14 RR C/O 56 APO, State government through Chief Secretary , District Magistrate Bandipora, Secretary General Administration Department , DGP, SSP Bandipora and SHO Police Station Bandipora.
As per the petition, Abid was at his family shop at Papachan Bandipora in June 2006 when army’s 14 Rashtriya Rifles forcibly took him and salesman Manzoor Ahmad Dar to the top floor of the building where the shop was situated and killed them.
“The building was set ablaze and their bodies were thrown in fire to cover the crime and whole episode of cold blooded murder was labeled as encounter,” she said, seeking directions to the police to lodge FIR and prosecute the personnel of the 14 RR, responsible for the killing.
She claimed to have approached higher authorities of police to get justice by registration of FIR so as to punish the murderers of her son but all in vain.
She has also sought a judicial inquiry into killing and compensation of Rs 75,00,000 besides employment to any eligible family member of the government Department as recommended by State Human Rights Commission.
In the judgment on March 4 last year, the Commission after perusing the complaint, statement of witnesses and the report submitted by the official, recommended compensation and benefits under SRO-43 to the family.
She said the Commission found the report by Director General of Police and Deputy Commissioner Bandipora regarding the killing as full of loopholes and “fallacy of facts.”
She said her son was having no physical infirmity and had completed his graduation in the year 2006.
“He was having no direct or indirect link with any militancy related activity and was aspiring to go for higher studies but prior to that he was killed by the personnel of 14 RR”.
She said Abid was also helping his father, Saif-u-din Shah in the family business and was also good in studies.