HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

OWP No. 1357/2013

CM No. 4421/2022

IA No. 1872/2013

Reserved on : 14.09.2022

Pronounced on : 20.09.2022

Sheetal Verma

…..Appellant(s)/Petitioner(s)

Through: Mr. Gagan Kohli, Advocate.

Vs

State of J&K and others

.…. Respondent(s)

Through: Mr. Raman Sharma, AAG for R-1 to 4.

Ms. Monika Thakur, Assisting counsel vice

Mr. S. S. Nanda, Sr. AAG for R-5.

Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGMENT

01.

Heard. Admit.

02.

With the consent of the learned counsel for the parties, the present case

has been taken up for final disposal.

03.

Learned counsel for the petitioner submits that the petitioner is the widow

of the deceased, namely, Manoj Kumar who died under suspicious

circumstances in police custody of Police Station, Reasi on 15.12.2010. It has

been alleged by the petitioner and other family members that the cause of death

of the deceased-Manoj Kumar was third degree torture given to him by the

police officials in the Police Station, Reasi. Further, stand of the petitioner is that

on 14^th of December 2010, deceased-Manoj Kumar had gone outside in the

evening and didn’t come back in the night and on 15^th of December 2010 i.e.

next day, someone from the market intimated the petitioner and other family

Sr. No. 92

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members of the deceased that their son (Manoj Kumar) had been taken by the

police officials in a gypsy towards the District Hospital, Reasi. The further stand

of the petitioner is that she along with other family members rushed towards the

hospital and found deceased lying on the bed unconscious surrounded by three

police constables. The petitioner and her family members were informed by the

police constables that the deceased-Manoj Kumar has been arrested on 14^th of

December, 2010 on the charge of keeping illegal Liquor under Section 48 of the

Excise Act and during midnight he has got heart attack and fell down straight on

his head and during that course deceased met with head injury.

04.

It is further urged by the petitioner that during medical examination,

Doctor-in-charge, namely, Inderjit Singh had persuaded the petitioner and her

family members to take the deceased-Manoj Kumar to Govt. Medical College,

Jammu for further treatment. It is stated that the petitioner and the other family

members of the deceased approached the S.H.O Police Station, Reasi and

requested him to take the deceased to GMC, Jammu as he has been arrested by

the police authorities under Excise Act, but the S.H.O concerned refused to take

the deceased to Govt. Medical College, Jammu and in the meanwhile, other

three constables escaped from the hospital.

05.

Further stand of the petitioner is that this action of the police authorities

for not taking her husband to GMC, Jammu clearly shows their malafide

intention and causes a certain amount of suspicion regarding the ambiguous

work done by the officers in charge at that time. It has also been projected by the

petitioner that on December 16^th, people of the concerned area, Reasi held a

massive protest over the death of the deceased-Manoj Kumar against the police

outside the office of the SSP and SDM, Reasi demanding a magisterial probe

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over the custodial death of the petitioner’s husband in Police Custody and they

also demanded job for the widow (petitioner) of the deceased. During the

protest, mob gathered there turned violent and S.I Tilak Raj (Investigating

Officer of the case) was also thrashed by the public at that time. It is averred that

adhering to the demands of the public, the Deputy Commissioner, Reasi on

16.12.2010 ordered Magisterial probe into the case pertaining to death of the

deceased namely Manoj Kumar in Police Custody in Police Station, Reasi.

06.

The petitioner has averred in the petition that in