Jammu Kashmir High Court Friday issued a notice to the State government looking for its answer inside two weeks over an appeal to recorded by a Policeman, one of the eight blamed in the Kathua assault and murder case, testing his rejection from the administration, a resistance legal counselor said.
High Court Judge Justice M K Hanjura issued the notice to Chief Secretary and DGP in the wake of hearing the contention over the appeal to documented by the constable Tilak Raj.
Other than Raj, the legislature has expelled sub-auditor Anand Dutta and two Special Police Officers (SPOs) Deepak Khajuria and Surender Verma for their asserted association in the assault and murder of an eight-year-old Gujjar young lady whose body was recuperated from a woodland in Kathua area in January, seven days after her snatching.
The sub-reviewer and the constable are blamed for devastating the vital proof for cash to spare the guilty parties.
The petition was filed in the High Court here yesterday after getting a nod from the district and sessions judge Pathankot where the rape and murder case is under trial on the orders of Supreme Court, the defence lawyer A K Sawhney said.
“We have challenged the order of the dismissal of my client, Raj, on four grounds which included no notice was issued to the accused, no inquiry was conducted and the order being discriminatory in nature,” he said.
After hearing the argument, Justice Hanjura served notice to the concerned and asked for their response within two weeks, the lawyer said, adding the next date of hearing would be decided after getting the response from the government.
Sawhney said he pleaded for immediate stay on the dismissal order and its immediate revocation.
The lawyer said he had to seek the copy of the dismissal order, which was passed on April 17 through an RTI application.
“Sub-Inspector Dutta had also filed an RTI application to get the copy of the order and once it is received, his case would also be taken up accordingly,” he said.
The defence lawyer claimed that the dismissal order of the two policemen is in gross violation of the constitutional protection as the law of the land makes it clear that if you want to terminate any person from service, an inquiry officer is required to recommend the same.