Notice to J&K govt over dismissal of accused policeman

In the petition we submitted that principle of natural justice has been violated by the state government.

AK SAWHNEY, Tilak Raj’s counsel

The Jammu and Kashmir high court on Friday issued a notice to the state government through the home secretary and director general of police (DGP) seeking its reply within two weeks on a petition filed by one of the policemen accused in the Kathua rape and murder case.

Head constable Tilak Raj, accused of destroying the evidences, challenged his dismissal from the service in a petition before the court of justice MK Hanjura.

Raj’s counsel advocate AK Sawhney said, after arguments, the high court on Friday issued notice to the Jammu and Kashmir government through home secretary RK Goyal and DGP SP Vaid asking it to file its reply within two weeks.

Soon after the crime, the state government had dismissed head constable Tilak Raj, sub-inspector Anand Dutta and two special police officers Deepak Khajuria and Surender Verma.

As per the crime branch charge-sheet, sub-inspector (SI) Anand Dutta and head constable Tilak Raj were are accused of destroying the evidence in lieu of money to save the culprits.

“In the petition we submitted before the court that principle of natural justice has been violated by the state government. Tilak Raj and SI Dutta were dismissed from service while station house office Hiranagar Suresh Gautam was made witness by the government,” said advocate Sawhney.

The petition was filed in the HC after getting a permission from the district and sessions judge at Pathankot where the case is under trial on the orders of the Supreme Court, he added.

He informed that the dismissal order of his client Tilak Raj was challenged because no notice was issued to him, no inquiry was conducted and the order being discriminatory in nature.

“Initially, SI Anand Dutta, head constable Tilak Raj and SHO Suresh Gautam were suspended following allegations of destruction of evidences in lieu of kickbacks. Later, Gautam was made a witness in the case. Similarly, a magisteral probe by the additional deputy commissioner, was never conducted and it was shelved. A police enquiry was also not conducted,” he said.

We will also plead for an stay on the dismissal order and its revocation, Sawhney said and added that he had to seek the copy of the order, which was passed on April 17, through an RTI application.