Gives two weeks to SSP Ganderbal to respond
Srinagar: The State Human Rights Commission (SHRC) has directed Senior Superintendent of Police (SSP) Ganderbal to file a report on status of investigation into the custodial killing of a Kangan resident in 2003, within two weeks.
The commission also asked Deputy Commissioner Ganderbal to consider application for relief to the family of the deceased, Abdul Hamid Gani, under SRO 43, and file a report within two weeks.
The SHRC chairperson Justice Bilal Nazki passed the order after he pointed out that neither SSP Ganderbal nor the deputy commissioner has filed status report in response to the earlier order (March 2).
The chairman of the commission on previous order had said, “there is no doubt in my mind that for last so many years no investigation as a matter of fact has been made in the case.”
The SHRC had directed SSP Ganderbal to remain present before commission to explain custodial killing of Abdul Hamid Gani which has been established after verification of the case.”
The Commission was hearing a petition filed by rights activist Ahsan Untoo which alleged that the Special Operation Group (SOG) of Ganderbal on September 11, 2003 had apprehended Abdul Hamid Gani of Preng Kangan and subjected him to physical torture by giving electric shocks and picking flesh from his body. The victim died in the custody before a false encounter was shown to cover up the case, it said.
After the petition was filed, SHRC had directed the police to reopen the case and investigate it properly.
The police report filed on January 31 before commission said that a case FIR no.143/2003 stands registered in police station Ganderbal after receiving a written complaint from S I Ashok Kumar of police component Ganderbal “to the effect that said police station along with 65 Bn CRPF apprehended one suspect Abdul Hamid Gani of Preng Kangan who during interrogation admitted his involvement in subversive activities and affiliation with HM outfit, and admitted that he was a close aide of HM divisional commander Sajad Khan of Gutlibagh. On his confession two hand grenades and four UBGls were recovered from hideout in Gutlibagh. The police party with him went to the place where militants opened fire which was retaliated and 5RR was also called. Heavy gunfight took place in which Abdul Hamid Gani got killed. An FIR was registered and the case was closed.
“After the case was closed, Abdul Rashid Gani brother of the deceased lodged a complaint in PS Kangan alleging that his brother was kidnapped by STF personnel and killed him in fake encounter. Subsequently an FIR no.132/2003 was registered in PS Kangan which was later cancelled and clubbed with FIR no.143/2003 of PS Ganderbal. Executive Magistrate Kangan ordered for fresh investigation in the case. Upon verification, custodial killing of the deceased was established.”
After the Human Rights commission had ordered for re-opening of the case with fresh investigation, the case is under investigation and new witnesses have been recorded.
“Also correspondence has been made with 5RR and 65 Bn crpf to ensure presence of eye witnesses. In reply 5 RR has stated that after carrying detailed check of all records, no details of the subject case are available with the unit. However 65 Bn response is awaited,” the report states.