Shopian: SC raps HC over cops arrest

The Supreme Court on Friday questioned the Jammu and Kashmir High Courts order to arrest police officers....

The Supreme Court on Friday questioned the Jammu and Kashmir High Courts order to arrest police officers for their alleged involvement in the rape and murder of two women in Shopian. Setting aside the order,the apex court directed the accused cops to approach the Sessions Court with their bail pleas.

The High Court,acting on a PIL by J&K HC Bar Association,had on July 15 issued an order for the arrest of the police personnel,besides directing that they be subjected to narco-analysis and DNA tests. Curiously,it had also directed that their bail pleas should be filed only before the High Court.

Opposing the order,SP Javed Iqbal Mattoo and DSP Rohit Baskotra had approached the apex court. They,along with two others SHO Shafiq Ahmed and S-I Gazi Abdul Rehman were arrested in connection with the case.

On Friday,as the matter came up for hearing before the Bench of Chief Justice K G Balakrishnan and Justice P Sathasivam,the police officers were asked to move the Sessions Court in Shopian.

The Bench directed the court there to decide their bail pleas at the earliest. The state assured that the investigating officer would be present at the Sessions Court on July 27 with the case diary.

The apex court also assuaged the cops fear that if they moved their bail applications before the Sessions Court,no member from the Bar would appear. Appearing for the J&K government,senior advocate Harish Salve along with Anis Suhrawardy assured the SC that it would provide security to the petitioners.

Earlier during the hearing,questioning the HCs extraordinary order,the Bench remarked,Anybody can be arrested. Anybody who has nothing to do with this case can be arrested. What material was there for arrest? Even now,they (state) have been unable to produce the material.

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On being informed that the widespread unrest in the state necessitated the constitution of a special investigation team by the High Court,the apex court noted,Investigation can be done by superior officers. Only because of the agitation,the SIT was involved.

There is no material against the officers,not a line in the counter-affidavit filed by the state to suggest any connection in the case, added senior advocate Mukul Rohtagi,who appeared for the police officers.