1. Both these writ petitions have been filed in similar circumstances and facts situation and raise identical questions of law, therefore, they are being taken up together for consideration.

OWP No.395/2019

2. With regard to an incident which occurred on 25.01.1990 at about 7:30 AM involving Air Force employees at Rawalpora, Srinagar, were fired upon by terrorists, FIR No.22 came to be registered by Police Station Saddar, Srinagar, under Sections 302/307 of Ranbir Penal Code (RPC), 3(1) Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and 3/25 Indian Arms Act, against unknown persons. In this firing 40 Air Force employees including a lady received serious injuries while two Air Force personnel were killed on the spot.

3. A notification came to be issued thereafter by the Government of Jammu & Kashmir on 22.02.1990 under Section 6 of the Delhi Special Police Establishment Act, 1946 (DSPE hereinafter) as well as a notification dated 01.03.1990 was issued by the Government of India under section 5 of the DSPE Act resulting in the investigation of the case being taken over by the Central Bureau of Investigation (‘CBI’ hereinafter). The case was registered by the CBI as RC