Observing that investigating officer has investigated a highly sensitive case of Over Ground Workers (OGWs) of the Hizbul Mujahideen terror group in a casual manner and unprofessional manner, the additional session Judge Jammu Sunit Gupta passed strictures against DySP Sunny Gupta and issued directions for departmental inquiry against him.
While framing charges against seven OGWs and discharging three others due to lack of evidence, the judge observed, "I would like to register my reservations and dissatisfaction against the investigating officer of the present case who appeared to have conducted the investigation in the present case in a very perfunctory and unprofessional manner".
"Head Constable can conduct better investigation than DySP"
The Court observed, "the quality of the investigation does nowhere speaks about the fact that the investigation has been conducted by a gazetted officer of the Rank of DySP".
"The Investigating Officer Sunny Gupta, DySP (HQ) Kishtwar has conducted the investigation in such a lethargic and sluggish manner that he had not taken even a little pain to search for the evidence in the present case", the Court stated, adding, "We find that a much better investigation could be conducted by even a Head Constable in comparison to the investigation conducted in the present case by DySP".
Investigating officers failed to collect scientific evidence
At the time of registration of FIR, there was a clear allegation that accused persons used to provide hideouts and harbour the terrorists. Despite the arrest of all the said accused persons, the Investigating Officer has not bothered to seize the mobile phones of any of the accused persons and he has not taken any pain to collect the CDRs of their mobile phones and their connectivity with the categorized terrorists.
I am surprised how the officer has qualified for the administrative exam: Judge
"The Investigating Officer has only acted as a spectator and he had only got the statements of the some of the witnesses recorded either under Section 161 or under Section 164 CrPC. Besides this, he had not moved even an inch in the investigation of the case.
"I am quite surprised that how Sunny Gupta has qualified the administrative examination and become DySP in the Police Department as I have not been able to find him suitable in the basic intellect of the person", the Judge said.
He directed the Jammu zone IGP to "conduct a departmental inquiry against delinquent police officer namely Sunny Gupta, DySP who has not done his job in an honest and abled manner''.
What was the case?
Ten persons were arrested by the Kishtwar Police in the year 2019 on the charges of providing logistic support to terrorists of the Hizbul Mujahideen terror group. After investigation, police filed the charge sheet against all the ten persons who were dubbed as OGWs.
During legal scrutiny, charges against Bashir Ahmed, Wali Mohd, Ghulam Nabi, Mohd Ramzan, and Saddam Hussain have been framed for the offenses under Sections 13/19/39 of Unlawful Activities (Prevention) Act while as charges against Khazar Mohd and Mohd Hassan have been framed for the offenses under Sections 13/23 UA(P) Act and 3/25 Arms Act. The accused who have been discharged are Zahoor Ahmed, Bashir Ahmed, and Yassir Hussain.