J&K High Court directs FIR, investigation into report of custodial disappearance

Aijaz Ahmad Kakroo VS Union of India & Others, OWP 335/07 (J&K High Court) Synopsis The instant writ petition writ petition has been filed to seek the judicial Enquiry into the custodial disappearance of the father of petitioner. The father of the petitioner was apprehended by 7 Sikh Regiment of Indian Army on 12th September 1990 at around 11.00 am from his house. Then Major of the Regiment namely Lakhwinder Singh was directly involved into the custodial disappearance of the father of petitioner. Despite the lapse of more than a decade, neither the missing report nor an FIR was registered in the police station. Thereafter family members went to different official for seeking the release of disappeared person but could get only vague and false assurances. Facts The family alleges that Ghulam Hassan Kakroo was apprehended, taken into custody and tortured by 7 sikh Regiment of Indian Army on 12th September 1990 at around 11.00 am from his house. The family tried to lodge an FIR but the police refused to register it on the pretext that Ghulam Hassan will be released soon after the questioning. An officer namely Thakur Jaswant Singh in JIC (Joint Interrogation Center) Srinagar told the family that Ghulam Hassan was brought here but they (family) cannot be allowed to meet taken him. Till date the whereabouts of the missing person are not know. Prayer Petitioner prays that the judicial enquiry be ordered into the custodial disappearance of his father and the report of that enquiry be submitted to the Honble court for the appropriate action. Petitioner also prays that the investigation into the custodial disappearance be concluded and submitted to the court. Petitioner also wants that the whereabouts of his father be disclosed and the security personnel who are responsible for this be held guilty for custodial murder and prosecution be launched against them. Status On the previous date of hearing the Hon’ble Court directed the respondents to register an FIR against then major Lakhwinder singh who is presently serving as Colonel and start investigation into the custodial disappearance. Respondents have been directed to file the status of investigation.