SRINAGAR: The Chief Judicial Magistrate Srinagar on Saturday directed “further investigation” in the case registered by police against Major Leetul Gogoi, after he was detained by police along with a local girl at a Srinagar hotel on May 23.
The court directed the Khanyar Station House Officer (SHO) to file a detailed report by the next date of hearing on September 18.
The court directed SHO Khanyar to investigate the matter in the light of the contents of the application moved before the court by human rights defender Ahsan Untoo. The court said that it prima facia appears from the application that the police have not carried out their investigation according to relevant provisions of law.
The police in their case report submitted to the court on May 31 had stated that no case had been made out against Major Gogoi as neither the hotel owner nor the girl had filed any complaint.
In his application before the court, Untoo sought directions to police to explain what they had done in the case and why the army officer was set free.
The application sought response from SSP North (City), SSP Srinagar, and SHO Khanyar in terms of Section 156 sub clause 3 CrPC.
Recently, the army’s court of inquiry held Major Gogoi guilty of “fraternising” with a local girl and staying away from his place of duty in an operational area. The court of inquiry recommended disciplinary action against Major Gogoi.
Untoo told media persons that the indictment of Major Gogoi by the army’s court of inquiry was just punishment to him. Untoo said, “Major Gogoi has a criminal background and deserves severe punishment for committing such a crime. Those who rewarded Major Gogoi must read the entire order (of the court of inquiry). I think this order is a slap on the face of those who rewarded Major Gogoi.”
Earlier, 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, Advocate Bilal Ahmad Wani, submitted that the police investigation had been carried out in a casual manner and asked the court to direct further investigation
“There are many angles involved in this case. The role of Sameer Malla has not been investigated, which clearly reveals that the matter has been hushed up,” Wani told Kashmir Reader.
“The investigation in this matter is required to be conducted in such a way so that the real facts are brought to the surface,” Wani said. “The role of Sameer Malla should be probed for bringing the girl from Budgam to Srinagar. It may be a case of human trafficking.”
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 my own will”.