Jammu and Kashmir News
Srinagar, July 2 : The Jammu and Kashmir High Court took a tough stance against the law keepers with doubtful integrity who indulge themselves in rebellious activities or having connections with militants, saying that they will have disastrous consequences.
The rule came in following the instance when a cop was dismissed from service. The suspended cop went underground, joined a militant group and involved himself in incendiary activities, and hence, was detained under the Public Safety Act on June 30.
Turning down constable Ghulam Mohd Shah’s petition for quashing the dismissal order passed in March 1993, Chief Justice N Paul Vasanthakumar made it clear that the Governor was satisfied that his conduct and activities were prejudicial to the state’s security. The court earlier told that the petitioner was appointed constable in the police before being transferred to Pulwama district in February 1987.
In 1989, during his posting at the Awantipora police station, he was provoked by anti-national elements to join militant ranks and was ex-filtrated to Pakistan-occupied Kashmir (PoK) for obtaining training in weapons in order to carry out subversive activities.After receiving appropriate training to handle sophisticated weapons, he returned to Valley and managed to rejoin duty as a police officer. In September 1992, he was transferred to Ladakh as the department received adverse reports against him. He did not join in Ladakh and went underground. With his conduct and activities being prejudicial to the state’s security, he was dismissed from service on March 18, 1993.
Challenging the order of dismissal in 2001, the petitioner contended that he could not move the court earlier as he was under detention from March 1993 and was released in 2001.
Chief Justice Vasanthakumar observed that the statement contained in the counter-affidavit and objections indicated that the petitioner, after dismissal from service, went to PoK and remained there up to 1996 before being arrested by the Special Operation Group of the J&K Police in February 1998 along with arms and ammunition, including a pistol, magazine and rounds.
The Chief Justice added the petitioner had attempted to explain the delay in an affidavit, but his whereabouts from 1993 to 2001 had “not at all” been explained. On the contrary, during that period the petitioner remained underground, joined a militant group, was involved in subversive activities and was detained under the Public Safety Act. The facts have not been disputed.