news details |
|
|
| HC transfers boy's disappearance case to CBI | | | Early Times Report
Jammu, Feb 11: High court judge Janak Raj Kotwal today ordered to transfer from police to CBI the case of 'mysterious' disappearance of a 12-year-old boy from Vijaypur.
Entrusting the case to CBI, Justice Kotwal directed that the state government should immediately issue formal orders in this regard and CBI should take up the investigation. He said it was expected that CBI would take up the task with promptitude so that the confidence of the public in law enforcing agencies was strengthened and justice was done to the victim and his family.
The court directive came in a petition filed by Rajesh Sharma, father of 12-year-old Vishal Sharma, a student of 6th class, who mysteriously went missing on May 5, 2014 after he went out of his home at Vijaypur while playing with a pet of their neighbour near Sabzi Mandi, Vijaypur.
After hearing the counsels, Justice Kotwal observed that the court on October 15, 2015, while taking note of the failure on the part of the state to fulfill its constitutional and legal obligation in tracing out the missing boy and as a step prior to transferring the investigation to CBI, had directed DGP to constitute a SIT comprising of SP, SDPO and the concerned SHO to be supervised by IGP, Jammu.
Justice Kotwal observed that while SIT was constituted, unfortunately the boy could not be traced till date and the poor petitioner was still pinning hope in the realm of despair.
Justice Kotwal, while referring to January 14, 2016 court order, observed that the court had directed home secretary and DGP to file their response in affidavit(s) of authorised officers as to why investigation be not transferred to CBI and pursuant to the said court direction, the IGP, Jammu, filed a comprehensive affidavit giving a detailed account of the efforts made by police in tracing the missing boy and concluded that 'whatever could be done under the circumstances had been done and was being done by police.' The court said the affidavit filed on behalf of the home secretary was on the similar line too.
Justice Kotwal said it was thus clear that inspite of its best efforts, the state police had been unable to trace the missing boy. "Whether the police could have done better than what has been done may not be that important, but it can be said that a fruitless effort can satisfy neither the family of the missing boy nor the public in general. The state has the constitutional duty to protect the life and human rights of it citizens and inability in this regard cannot justify a serious situation like this," he added.
He said if the state police was unable to achieve the desired object, there could not be any reconciliation with the situation and another agency must come forward to contribute its might. Such a course was required to install the public confidence in the government and the state law-enforcing agencies and to do complete justice to the victim and his family.
With these observations, Justice Kotwal disposed of the petition and transferred the investigation of the case to CBI. He said it was open for the petitioner to approach this court afresh if a cause arose. —JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
