Jammu: The High Court of Jammu and Kashmir and Ladakh has directed two police officers from a Special Investigation Team (SIT) to appear in person and record their statements in connection with the alleged custodial torture and subsequent suicide of a Gujjar youth in Kathua district earlier this year.
A single-judge bench of Justice Wasim Sadiq Nargal issued the order while hearing the case on Wednesday. The court directed the SIT head — Superintendent of Police (Operations) — and the Sub-Divisional Police Officer (SDPO) of Billawar to appear on the next hearing scheduled for October 27.
The case concerns 25-year-old Makhan Din, a Gujjar youth from Billawar, who allegedly took his own life on February 4 by consuming insecticide after being subjected to police torture. Before his death, he recorded a video proclaiming his innocence and denying any link to terrorism, prompting separate probes by the police and local administration.
The court noted that during a previous hearing on April 25, SDPO Billawar Neeraj Padyar — a member of the SIT — stated that the SHO of Billawar police station had been transferred and that the officers accused by the complainants were not posted there. He also said no personnel named Jugal or Harish were posted at the Billawar police station.
However, counsel for the petitioners, Appu Singh Slathia, submitted electronic evidence in the form of a pen drive purportedly showing that both Jugal and Harish were present on February 5, the day the deceased was taken to his home and later died by suicide inside a mosque in Bhatodi village. She further claimed that the two officers were also present when the body was taken to the hospital.
Justice Nargal observed that due to ambiguity in the SDPO’s previous statement, it was necessary for him to appear personally before the court to record a detailed statement before the registrar judicial. The judge added that the court must verify whether Jugal and Harish were ever posted at Billawar police station or present at the relevant times mentioned.
The court also directed the SIT head to appear personally to brief the court on the status of the investigation since the SIT was formed on March 10. Government advocate Suneel Malhotra was instructed to produce the SIT’s case file and update the court on the progress of the probe.
Taking serious note of the delay by the chief secretary and home secretary in responding to court notices issued on April 16, Justice Nargal granted them one final opportunity to file their replies within a week.
“The court deems it proper to grant one more opportunity to the counsel for respondents 1 and 2 to file their response within a period of one week positively, failing which the matter will be heard on its own merits on the next date of hearing,” the order stated.
