Early Times Report
Jammu, Mar 4: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today dismissed an appeal of a police cop, alleged to be a militant sympathiser, saying if a person, while serving in police force provides information to militants, continues in service, the consequences would be disastrous.
Mohammad Rafi, appointed as constable on April 26, 1999, was allowed to join his duties. His brother was involved in militant activities and in this regard, FIR No 62/1999 came to be registered on November 19, 1999 for offence under section 212 of RPC. Rafi was also involved in the crime and thus arrested. In view of his arrest, he was discharged from service during probation period by March 27, 2000 order with immediate effect.
The criminal court by its November 29, 2000 order acquitted him by specifically stating that the prosecution had failed to produce witnesses to prove his guilt satisfactorily. After his acquittal, he submitted a representation for his reinstatement which was rejected by respondents on August 7, 2001, stating that he as a cop, being an under ground worker of HM outfit, was involved in providing information and food to militants. He challenged this order by filing SWP No 3227/2001 and the writ court dismissed his petition by its April 21, 2006 order.
The bench, after hearing the two sides, observed that the appellant's ground was given up during the earlier round of litigation and he took a stand to wait for the disposal of the criminal case.
"The only point which can be adjudicated upon is that if after acquittal he can seek reinstatement. The appellant was acquitted not on merits and the acquittal was recorded on the basis that the prosecution failed to produce the supporting witnesses and allegation made against him in this case is that he used to provide information and food to militants. If the person serving in police force is providing information to militants is allowed to continue in service, the consequences will be disastrous," the bench said.
With these observations, the bench dismissed the appeal. (JNF) |
