J-K police refuses to share documents related to arrest of school principal killed in police custoday

Calling the application “vague”, the police have also refused to provide a copy of the FIR filed after the arrest of the school principal.

The Jammu and Kashmir Police have refused to provide documents regarding its completion of all legal formalities before the arrest of school principal Rizwan Assad Pandit who was killed in police custody last month.

The refusal has come in response to an RTI application filed by an activist in the Valley. Calling the application “vague”, the police have also refused to provide a copy of the FIR filed after the arrest of the school principal.

“The information sought is vague and doesn’t disclose as to which copy of FIR needs to be provided,” read the police response to the RTI filed by activist Raja Muzaffar.

“However, it is to inform that certified copy of FIR can be obtained from the concerned court within whose jurisdiction the alleged offence has been committed. Further, the subject (Rizwan Pandit) was arrested in connection with FIR No 56/2017 U?S 302, 307 RPC 7/27 A Act of Police Station Panthachowk Srinagar,” the police added.

Raja Muzaffar in his application had clearly asked for the copy of FIR of the offence in which Rizwan was arrested. “Provide certified copy of the FIR which lead to arrest of late Rizwan Ahmad Pandit along with certified copy of arrest memo prepared by the concerned police officers in relation to the arrest as is required under the D K Basu directions issued by Supreme court of India in the matter D K Basu Vs state of West Bengal,” the activist said in his application.

Rizwan, a chemistry postgraduate who was principal at a private school in Awantipora, was killed in the police custody on March 20. A day before his death, he was picked up by the police from his home. J-K government had ordered a magisterial inquiry into the custodial death.

In his application, Muzaffar had also asked for the copy of post mortem report, copy of inquiry report, documents that contain names of relatives or friends of Rizwan who were intimated about his arrest, copy of medical examination report and that of daily crime report of the concerned police station. However, the police haven’t provided any of these documents and instead responded saying they have completed the legal formalities.

“Regarding providing for information from point 2 to 9, it is to inform that the legal formalities were completed and complied at the time of arrest of the subject. A magisterial enquiry has been initiated and is pending with Executive magistrate Pulwama that has been initiated on the request of police authorities in compliance to provisions contained U/S 176 CrPC,” the police said in response instead of providing the copies of the documents asked for.

In response of a question asking to provide names of police officer(s) and personnel who were involved in Rizwan’s arrest or were witness to it, police have denied the information citing investigation and security.

“Regarding providing of names and designation of the officer, it is to submit that the information cannot be placed in public domain because if disclosed (it) may have the effect of jeopardizing the investigation going on in the terror case having direct bearing to the security of state,” the response said. “It is to inform that the Government agencies can’t divulge each issue disregarding the implications which the same will have against the interests of the state. The benefit which will accrue to the applicant will be negligible compared to the costs for the society if the information sought is dispensed with.”

Source: The Indian Express

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