Says case not within jurisdiction
Srinagar: The J&K High Court has dismissed a petition from the family of Kashmiri man killed by Maharashatra police in 2003 and labeled a militant.
The family alleged that Mohammad Iqbal Wani, a businessman, was allegedly killed in police custody at Gurgoan, Maharashtra and labeled a militant.
Dismissing the petition, the court said that under article 226, no cause of action, wholly or partially, had “arisen within territorial jurisdiction of this court”.
“So no direction can be issued against Union of India as prayed… However, petitioner, if so advised, may approach competent court of territorial jurisdiction for redressal of his grievance,” the court said.
While Mahrashtra police had claimed that Iqbal was Lashkar-e-Toiba militant, the J&K police had maintained that he had no militantly record.
“We have nothing incriminating against him: he was not a listed militant, had no militancy related record. He simply was a computer engineer,” SSP Pulwama Vipul Kumar in his statement to the press had deposed.
According to the petition Iqbal was a computer engineer engaged in business of selling hardware and software in his native township Shopian. He used to purchase software from Mumbai. On 29th March, 2003 he was allegedly arrested by Gurgoan police and killed in a fake encounter. The deceased was carrying Rs 7 lac in cash in connection within his business, out of which Rs. 4 lac were shown to have been recovered from the possession of the deceased whereas remaining Rs. 3 lacs were missing.
“SHO PS Shopian had also submitted a report to the Chief Judicial Magistrate Shopian declaring that Iqbal was not involved in any anti-national activities, as such, Union of India and State of Mahrashtra and the J&K State have failed to protect the life, liberty and property of an innocent civilian and have put petitioner and other dependents of the deceased to great irreparable loss, mental agony and uncertain future life. They are therefore, responsible for having violated the constitutional guarantees under Arts 14, 19 and 21 of the Constitution,” the petition stated.
Police in Gurgoan had stated that the Iqbal was killed in an operation along with other three militants on 29 March 2003.
“The deceased was carrying .380 pistol and he fired 4 rounds and police in self defense retaliated and deceased died,” they had said.