It is baffling to know how one of India’s top investigative agencies could carry out an act of crime in complete cognizance of the presiding judge and get away with it; especially when it is such a sensitive matter related to Kashmir.
Adv. AbuBakr Sabbaq Subhani for BeyondHeadlines
Yesterday (08/12/2014) I witnessed an event in NIA Special Court, Patiala Dist Court which is not to be expected from the Judiciary and Investigative agencies. It is anti-constitutional and illegal. At about 4:00 pm National Investigation Agency (NIA) Team produced a Kashmiri youth before the Hon’ble Special Judge Ms. Neena Bansal Krishnan. The Kashmiri youth immediately after the production had complained to the Hon’ble Judge that just before coming to this court these NIA personnel kept him completely naked and took his signatures on blank pages. The Youth clearly mentioned that the officer was present in the court and had the said blank papers having youth’s signatures in a file. Even after several repeated requests and complaints the Hon’ble special judge ignored the youth.
In the mean time the identified officer rushed outside the courtroom, The Kashmiri youth saw him rushing outside and again requested to the judge that “the identified officer is leaving the courtroom, please check his files” but again the judge ignored repeated request.
I followed the NIA officer outside the courtroom and witnessed the identified officer handing over the said papers to another NIA officer. When the second officer noticed that I am observing these activities he immediately rushed from the place.
Though the proceeding was announced as in-camera proceeding, I was not allowed to sit in the courtroom in between this proceeding. After the proceeding, I heard one senior NIA officer saying to the Public Prosecutor for NIA, Advocate Shipra that it is normal that happened in the courtroom.
A complain has been file by Defence Lawyer after getting the signature of Kashmiri youth. But I unfortunately, was again an eye witness of failure of judicial system including Hon’ble Judge, Public Prosecutor and learned Defense Lawyer, as they failed to catch the culprit officer who had successfully escaped with the evidence of his crime from the so claimed temple of justice. Creation of fake evidences to implicate someone and ceasing their right to life and liberty seems to be a normal job in discharging official duties as an NIA officer.
I am feeling so disgusted that again I was only a silent spectator of the crime that was being done by our judiciary and agencies. A belief that is formed with due experiences is “The gunda elements in criminal justice system are not growing on itself but the judiciary is feeding them to grow”
(Author is associated with Association of Protection for Civil Rights as an Asst. National Coordinator)
