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Murfad - an intruder neutralized or a cold blooded murder
Jamwal Mahadeep Singh8/11/2018 11:00:01 PM
The gunning down of a 1992 born, gym admirer, fitness freak and modeling fondler, Syed Murfad Shah by security personals (CRPF) has engaged many in criticism of the incident sprinkled over to civil society, political dispensation, human right watchers, lawyers fraternity, buddy world, media, community leaders, social organizations and many more. The only hushed up cry are of police department and the parent stock to which the chasers of this dare deed belong. His ancestry hailing from village Galuhata of Mendhar tehsil in Poonch district but he was brought up in the Jammu atmosphere, as his parents established in Chinore area of Ban Talab Jammu for the last two decades. The style he has been eliminated by security forces (CRPF) has cropped many questions not only on the security force eliminating him but on the Jammu police also, attracting accusing questions for not initiating due process of law as mandated in section 154 of the Criminal Procedure Code. The first words of IGP Jammu just after few minutes of the incident clarifying that intruder was without arms and explosive and more so single in number are sufficient to arrive at, that the security personals have over stretched their limits to contain the intrusion bid. Without having second thought, it is a breach of 'Standard operating Procedures' in force to deal with such situations. In my considered opinion, none has the authority to vomit venom against security forces, fighting for curtailing the militancy in the state, but at the same time, it is also a matter of analysis that whether same yard stick is to be applied when face to face with armed and anti-national element, as regular feature in valley and with an unarmed individual in peaceful Jammu region and that too at the vacant premises of a VIP being guarded by these security personals deployed in large number there. Definitely the measures in both situations go like parallel lines but they never meet at any point.
The chain of events as quoted by SSP Jammu and narrated by the victim's family in press conference, the 'intruder' breached the security by ramming into gate and drove vehicle to inner gardens of the house despite repeated warning to stop. He got off the jeep, and entered into scuffle with the guards while rushing towards main lobby of the house. While inside the house he ransacked furniture and was trying to climb the stairs towards first floor and subsequently he was shot dead (the story refuted by the family members and have hinted this act towards custodial killing shrouded in mystery). As a member of police department in gone by days, I feel the story carries number of stop gaps to be answered such as; the security personals much more in number and having reasonable opportunity with them to overpower the single unarmed individual, the gunning down in no way is a balanced act and none can justify it. The other important aspect in consideration that when none of the former CM Farooq Abdullah or Umar Abdullah or their family members were in house, who were in danger of serious threats from any intrusion bid requiring gunning down of an unarmed individual. The sensitivity on behalf of security personals is must at VIP locations but over sensitivity is dangerous and here it has shown its result. Some glaring facts as revealed by the family members in their press conference out rightly rejecting the narrative of police department of the story put into public minds of gate crashing, scuffle, entry to main room and then gunning down. The strong gate almost impossible to be broke open by the hit of the car in question, slight contact marks on the car, how the whole house even inner private area of the VIP were approachable in their absence, why the intruding vehicle not fired upon, above all direct hit at the chest is the accusing questionnaire framed by the relatives of the deceased.
The immediate requirement in the incident was to register a case of murder and that would have flashed a reasonable message across the sections of the society of the serious concern of the authorities. But avoiding of legal remedies has given wrong feelings in the minds of the particular community that was just healing of the Rasana infamous case. The reluctance shown by the police in the instant case, having prima facie circumstances pointing towards a custodial killing and architecting a cooked story by security personals to justify their action, gave occasion to speak out on the issue by number of mouths. The owner of premise former CM Farooq Abdullah asked for an investigation about motive of youth and criticized the security situation in the state. National Conference (NC) has sought high level investigation through 'National Investigation Agency' (NIA). After noisy protests, the BJP demanded impartial and prompt enquiry into the matter and termed it, as fake encounter and cold blooded murder in a VIP residence. The police in Jammu in the instant case have blatantly violated its duties enshrined in Criminal Procedure Code under section 154, for registering a case in relevant provisions, when approached by the deceased father. It is a matter of great concern, why the police officers in command and control hesitate to proceed according to law and instead of protecting the law are bent to violate it, and get them distanced from the society. It is one of the reasons that even for a minor incident people ask for CBI probe. The stepping in of Jammu & Kashmir State Human Rights Commission (JKSHRC) suo-motto and asking for a report from J&K Police, concern shown by the J&K High Court Bar Association (JKHCBA) Jammu asking, HE the Governor of J&K, for exerting his authority, for a fair and impartial probe, and demand of registration of FIR against security personal responsible for gruesome killing, by 'Jammu and Kashmir Bachao Tehrik' through its President former minister Abdul Gani Vakil while having a meeting with HE, cannot be taken lightly and speaks of lack of confidence on the part of Police authorities for justice in the matter. The voices have started pouring in from various districts particularly concern shown by NGO 'Jio Aur Jeene Do' in Udhampur and 'Youth Association for Services of Humanity and Nation' in Poonch, condemning this act of security personals and raising demand of probe by CBI. The criminal silence of Police in the matter cannot be digested by the victim's family. If not addressed in the right aspect, the matter is going to take a serious turn and this time it may take an ugly turn denting the communal harmony in peaceful atmosphere of the Jammu region. As a member of police fraternity in gone by days, I too suggest that the due process of law should be set into motion without further loss of time and the clean hands in police department should not hesitate for a fair and impartial probe to imbibe a sense of confidence in the minds of victim's family and that is the requirement of law also in view of the thread bare analysis of the incident. As propagated by the victims family that an FIR has been lodged against the victim Murfad for trespassing and damaging property, on the basis of the complaint made by CRPF, a victimizer in the incident, and not taking into account their complaint, If this is a fact, then Jammu Police should hang their head in shame as it is a sheer act of discrimination and authoritarian attitude and biased in nature and an attempt to put under carpet the actuality in the incident.
Totally exhausted and disappointed by the pointless attitude of the Jammu police authorities in sympathizing the aggrieved family by registering case of murder against security personals, the victim family through honorable court invoked the provisions of section 156 (3) of Cr.PC for getting their complaint registered for regular investigation. The earlier magisterial enquiry ordered by District Magistrate has failed to calm down the sentiments of the victims family.
Now it is prime responsibility of the police after registration of FIR, to act in a fair and impartial way without pre-conceived theory of the crime committed and to rope in the forensic experts, analyzing the CCTV footages, dents on the vehicle involved, strength of the gate, and intelligently analyzing the circumstances claimed by the security personals (CRPF) only living witness to the incident, to avoid calling for CBI probe by victims family and that is going to be supported by one and all from the society. The most aspect of motive for such an intrusion attempt is very difficult to arrive at as the mind carrying it has been eliminated by the victimizers. The public is looking for an answer from the police whether it was an intruder neutralized or is it a cold blooded murder?
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