The petitioner, now dead, in his petition alleged that his son Bashir Ahmad Ahangar was apprehended by the Special Task Force of the Jammu and Kashmir Police in Anantnag, on March 19, 2004 and handed over to the Army’s 5 Para who shot him dead.
The petitioner alleged that there were visible signs of torture on the body as he had been beaten by iron rods.
The petitioner claimed that his son was not involved in any militancy related activity nor he had any criminal antecedents and demanded compensation for the death.
The respondents disputed the claims made by the petitioner and claimed the deceased had admitted he was an active Lashkar-e-Taiba militant. They said he was killed in an encounter that broke out near a hideout divisional commander of LeT where he had led the forces.
Initially, an affidavit by Colonel Vineet Seth denied they had taken custody of Bashir and his subsequent killing. The army insisted that the deceased was never handed over to the personnel of 5 Para.
Later, a detailed counter affidavit was filed by an officer of 1 Para who said that personnel of the unit apprehended Bashir and he disclosed the location of the hideout.
A joint operation was conducted during which the troops were fired upon by terrorists. In the gunfight, Bashir sustained injuries and died on the spot.
Justice Sanjay Dhar pointed out there were contradictions in the version of the police and the army. But both maintained that Bashir died during a gunfight.
“There is also material on record of the case diary to prima facie suggest that the deceased was working for a proscribed militant organization,” the judge said.
The court said it would not venture into the arena of determining the disputed questions, particularly relating to the cause of death.
“I do not find any merit in this writ petition. The same is, accordingly, dismissed, leaving it open to the petitioner to avail appropriate remedy as may be available to him under law,” the judge said.
