SRINAGAR: A local court has reserved its orders on an application seeking further investigation in a case involving army Major Leetul Gogoi, who was detained by police along with a local girl at a Srinagar hotel on May 23.
“No case is made out against Gogoi and neither the hotelier nor the girl had filed any complaint,” police in its report to the court said on May 31. The counsel for the complainant has pleaded for further investigation in the case.
“Creating fake account by any person is itself an offence under the IT Act. Police has not investigated into the motive behind creating the fake account,” said Human rights activist Ahsan Untoo.
However, counsel appearing for the complainant invoked Section 66 of IT Act while referring to the “fake account” Major Gogoi had allegedly created in the name of “Ubaid Arman” on the Facebook.
Human rights activist Ahsan Untoo had filed an instant application in the court of Chief Judicial Magistrate (CJM) Srinagar seeking directions to police to explain what they had done in the case and why the army officer was set free.
The application had sought response from SSP North (City), SSP Srinagar, and SHO Khanyar in terms of Section 156 sub clause 3 CrPC.
The counsel for the applicant asked for an FIR under Section 294 RPC to be lodged against Major Gogoi and his fellow soldier Sameer Ahmad Malla, who was also present at the hotel on the day.
The counsel argued that the police had not conducted a fair investigation and as such they be directed to conduct further investigation into the matter.
The counsel for the applicant, Advocate Bilal Ahmad Wani, said: “We have submitted the law on the point and further that the court is not bound to the report furnished by the concerned police agencies and has ample powers to direct the concerned SHO for further investigation, as there are many angles involved in this case.”
“The role of Sameer Malla should be probed for bringing the girl from Budgam to Srinagar. It may be a case of human trafficking and further investigation is needed to ascertain the facts,” he added.
In a statement made before the magistrate, the girl had said that she was “friends” with Major Gogoi and had come to Srinagar with him “out of her own will”.
The court listed the next date of hearing on July 30 for further arguments.