Shopian case: SC asks cops to move bail in sessions court

The Jammu and Kashmir government assured a Bench headed by Chief Justice K G Balakrishnan that adequate protection would be provided to the police officers.

Superintendent of Police Javed Iqbal Mattoo and Deputy SP Rohit Baskotra had challenged an order of the Jammu and Kashmir High Court directing their arrest and conduct of narco-analysis test and DNA profiling by collecting their blood samples.

The High Court had also directed that their bail applications could only be heard by its bench which had ordered their arrest on the petition filed by the Jammu and Kashmir Bar Association. The Association had alleged dereliction of duty on the part of the police officers.

While ordering that the arrested policemen can move the sessions court for the bail,the apex Court expressed its displeasure over the High Court order.

“We want to maintain rule of law. We want that the petitioners should move bail applications before proper courts. It (bail) will be considered by the sessions court,” the Bench said.

When senior advocate B A Khan,appearing for the victims,said that there was nothing wrong in the High Court order and because of the incident the whole of Kashmir has suffered,the bench took strong exception to the submission questioning the whole exercise which resulted in the arrest of two police officers.

“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,” the Bench observed,adding that there should be proper investigation.

Senior advocate Harish Salve,appearing for the state government also conceded that there was “over-reaction of the High Court in this case”.

“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,” senior advocate Mukul Rohtagi,appearing for the police officers alleged.

During the hearing,even the Bench said the High Court should have left it to the superior police officers to investigate the case and should have entitled the police officers to move for bail before the appropriate court.

The Bench also expressed surprise that only because of agitation,the investigation was handed over to the SpecialInvestigation Team (SIT).

“Investigation can be done by the superior officers. Only because of agitation,SIT was involved,” the Bench asked.

Police offices Mattoo and Baskotra had sought a stay of the High Court order following which they,along with two others SHO Shafiq Ahmed and Sub-inspector Gazi Abdul Rehman,were arrested.

They had on July 17 moved the apex court seeking a stay of the High Court order directing their arrest and collection of blood samples for preparing the DNA profile.

The police officers had submitted that the High Court’s order on July 15 was passed without making them party in the PIL filed by the Jammu and Kashmir High Court Bar Association in connection with alleged rape and murder of Neelofar Jan and Aasiya Jan in Shopian.

Bodies of 17-year-old Asiya and her 22-year-old sister-in-law Neelofar were recovered near a stream in Shopian on May 30 triggering massive protests across Kashmir valley and strikes in the region.