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Awards compensation of Rs.5.00 lacs in favour of the mother of victim

SNS KASHMIR

SRINAGAR, MARCH 15 :

The Court of Principal Sessions Judge Srinagar Abdul Rashid Malik sentenced Javaid Ahmad Bhat son of Abdul Gani Bhat resident of Kremshore Khan Sahib, Budgam to imprisonment for life.

The accused was convicted under section 302 RPC on 13-03-3021 for causing the death of Mst. Gulshana daughter Ghulam Hassan Sofi resident of Kremshore Budgam.

While sentencing the convict, the Court observed that convict is a young man of 29 years of age and is in judicial custody since the date of his arrest. There is nothing on record from which it can be deduced that accused cannot be reformed or rehabilitated or he will prove a menace for the society if not awarded the death penalty.

As laid down by Hon’ble Supreme Court in the cases discussed supra that brutality and manner in which murder was purported may be a ground but not the sole criteria for judging whether the case is “rarest of rate cases”. Every murder is brutal and difference between one from another may be on account of mitigating or aggravating features surrounding the murder.

To conclude, on preparation of the balance sheet of mitigating and aggravating circumstances, length of detention for which the convict remained in custody and his age speak for the fact that the case cannot be bracketed as one of the “rarest of rare case”.

Therefore, keeping in view the entire facts and circumstances of the case, this is not a fit case for inflicting death sentence under Section 302 RPC, therefore, it will be just and proper to sentence the convict Javaid Ahmad Bhat S/o Abdul Gani Bhat R/o Kramshore Khan Sahib, Budgam to imprisonment for life under section 302 RPC and execution of the sentence of life imprisonment shall be subject to confirmation of the High Court in terms of Section 374 of Cr.P.C.

While granting compensation of Rs.5.00 lakhs to the mother of the victim namely Mst. Zainab (Aged 55 years) W/o Ghulam Hassan Sofi R/o Kremshore Budgam, the Court observed that every criminal Court is also under a legal duty to apply its mind to the question of compensation to the victim of the crime. The deceased was a young girl. The criminal justice system has to address the plight of the victim also. Mere punishment will not satisfy the victim who has suffered as a result of commission of the crime. She was killed so brutally but the real victims are her parents. One cannot assess the shock and trauma caused to her parents, near and dear ones. No amount of compensation can repair the irreparable loss caused.

It has been held by the Supreme Court in Manohar Singh Vs. State of Rajasthan 2015 Supreme Court (SC) 42, wherein the Supreme Court has held as under:

We find that the Court of Sessions and the High Court have not fully focused on the need to compensate the victim which can now be taken to be integral to just sentencing. Order of sentence in a criminal case needs due application of mind. The Court has to give attention not only to the nature of crime, prescribed sentence, mitigating and aggravating circumstances to strike just a balance in needs of society and fairness to the accused, but also to keep in mind the need to give justice to the victim of crime. In spite of legislative changes and decisions of this Court, this aspect at times escapes attention. Rehabilitating a victim is as important as punishing the accused. Victim’s plight cannot be ignored even when a crime goes unpunished for want of adequate evidence.

While making the reference to the High Court for confirmation of the sentence, the Court observed that the entire record be submitted to High Court for confirmation of the sentence of life imprisonment awarded to convict Javaid Ahmad Bhat son of Abdul Gani Bhat resident of Kramshore Khan Sahaib Budgam. Learned Registrar Judicial, High Court of J&K may place the Reference before the appropriate Hon’ble Bench. Convict has been apprised regarding his right to prefer an appeal,

if he is desirous to do so. Copy of the conviction and sentence be furnished to him free of cost. Copy of the Judgment shall also be forwarded to Member Secretary, J&K Legal Services Authority, Srinagar for release of compensation of Rs.5.00 lacs in favour of the mother of the victim namely Mst. Zainab (Aged 55 years) W/o Ghulam Hassan Sofi resident of Kremshore Budgam. Copy of the conviction and sentence shall also be forwarded to Secretary, High Court Legal Services Committee, Srinagar with a request to extend free ad competent legal services to the convict if he so desires and also make him aware that he has a right to file an appeal and in case any legal assistance is required to be extended to the convict, the same shall be extended to him as per J&K Legal Services Authority Act read with J&K Free and Competent Legal Service Regulations 2010.

Further while quoting the observation of Supreme Court, the Court observed that we live in a civilized society where law and order is supreme and the citizens enjoy inviolable fundamental human rights. But when the incident like the present one surfaces, it causes ripples in the conscience of the society and serious doubts are raised as to whether we really live in a civilized society and whether both men and women feel the same sense of liberty and freedom which they should have felt in ordinary course of a civilized society, driven by rule of law. Certainly, whenever such grave violations of human dignity come to fore, an unknown sense of insecurity and helplessness grabs the entire society, women in particular, and the only succor people ask for, is the state to take command of the situation and remedy it effectively.

The statistics of National Crime Records Bureau show that despite progress made by women in education and in various fields and changes brought in ideas of women’s rights, respect for women is on the decline and crimes against women on the increase. Offences against women are not a women’s issue alone, but, human rights issue. Increased rate of crime against the women is an area of concern for law-makers and it points out an emergent need to study in depth the root of the problem and remedy the same through a strict law and order regime. There are number of legislations and numerous penal provisions to punish the offenders of violence against women. However, it becomes important to ensure that gender justice does not remain only on paper.

We have a responsibility to set good values and guidance for posterity. Crime against the women not only affects women self esteem and dignity but degrades the pace of societal development. The best thermometer to the progress of a nation is its treatment for its women.

This incident must be an eye opener for a mass movement “to end violence against the women” and “respect for women and her dignity” and sensitizing the public at large on gender justice. Every individual, irrespective of his/her gender must be willing to assume the responsibility in fighting for gender justice and also awaken public opinion on gender justice. Public at large, in particular men, are to be sensitized on gender justice. The battle for gender justice can be won only with strict implementation of legislative provisions, sensitization of the public, taking over proactive steps at all levels for competing violence against the women and ensuring widespread attitudinal changes and comprehensive change in the existing mind set.(KNT)

SNS KASHMIR

JAMMU, MARCH 15 :

Director General of Police, Dilbag Singh visited South Kashmir’s Anantnag district where he chaired a security review meeting with the senior officers of Army, CRPF and Police. He was accompanied by IGP Kashmir Zone Shri Vijay Kumar.

On the onset of the meeting, the DGP complimented the police and security forces for their untiring efforts while eliminating top militant commanders in the recent times thus providing huge respite to the common people. He praised the police and security forces for successful anti-militancy operations in their respective areas. He said that the killing of Al Badr, LeT and JeM commanders will definitely help in saving the lives of commoners as also the lives and careers of number of our innocent youth who fall prey to their malicious designs.

He lauded the role of J&K Police and other security forces for recovering and capturing huge numbers of weaponry during the last year. He said that capturing weapons means nipping the evil in the bud and saving a number of youth who would have been misguided to pick up those weapons by choosing a path of violence. The DGP said that the public in general and parents of vulnerable youth have reposed trust in us. He impressed upon the officers to work with full professionalism and with more dedication for bringing lasting peace in the area and welfare of the people.

The DGP impressed upon the officers, to workout strategies to strive harder to maintain peace and order in Jammu Kashmir. He said that inimical to peace here and terror sponsors across the border are unhappy with the peace prevailing in J&K and are hell bent to disturb law & order by one way or other. He said that J&K Police along with other security forces has got successes across Jammu and Kashmir against the militants and our well coordinated actions would continue to ensure long-lasting peace in Jammu and Kashmir.

The DGP emphasized that the police personnel must deal strictly with elements involved in the radicalization of youth and pushing them towards terrorism. He directed the police officers to identify and book the persons involved in these activities. He directed that forces should remain more vigilant against the activities of OGW network who are helping militants to carry out their nefarious designs.

The DGP stressed upon the officers to strengthen the highway security grid. He said that Jammu and Kashmir Police along with other security agencies are fighting on multiple fronts and need of the hour is to strengthen and augment the highway security grid. He said that anti-national elements are always looking for the loopholes and their motive to disturb the peace has to be dealt with firmly.

Officers who attended the meeting were IGP Kashmir Vijay Kumar, Commander Sector-1 Brig. Vijay Mahadevan, DIG CRPF South Kashmir D.P. Upadhay, SP Anantnag Sandeep Choudhary, SP Kulgam Gurinder Pal Singh, SP Awantipora Tahir Saleem, ASP Anantnag, ASP Kulgam and other gazetted officers of Anantnag district.(KNT)

Reyaz Rashid

Baramulla: Eight cattle including five cows,two oxen and a goat were mauled to death by a black bear at Babgailan Limber village of Boniyar Uri in north Kashmir’s Baramulla district village on Sunday night.
Locals said that a black bear barged into the cow shed of Naik Alam Kasana at Babgailan Limber  on Sunday night  and attacked cattle in which eight cattle including five cows,two oxen and a goat were mauled to death by a black bear.
The family sources said that they heard noise in their cow shed, when they reached near the cow shed a black bear jumped out from its one of window and ran towards the nearby forests, however eight cattle were found dead while several others were injured. 
The farmers has last also suffered huge losses in the wild bear attack as his several cattles were killed.
The locals said that this is not the first episode in the village, from past several months black bears are roaming in the village in night hours due to which a fear has been created among the local residents of the area. 
They blamed that they informed the department of wildlife to curb the movement of wild beasts in civilian areas but they are not paying attention.
 “The day is not very far when wild beasts will kill any civilian in the area” locals alleged.
Range Officer Baramulla Altaf Kaul said that a team of officials has been sent to the area to check the situation and the department will install a cage in the area to catch the beast. 
” It is unfortunate that the poor farmer lost his livestock in the wild animal attack. We have prepared a compensation case which will be forwarded to Wildlife warden north Kashmir,” he added.
They said that two black bears were already captured in the area including a cub.

SNS KASHMIR

SRINAGAR MARCH 15 :

Anti Corruption Bureau received a written complaint from the complainant alleging therein that he is running a joinery mill at Saloora Ganderbal . He had applied online for NOC from Pollution Control Board in November, 2019. Subsequently ,a field Inspector, namely, Aabid Ahmad visited his unit for spot inspection. Later on, the District Officer, Pollution Control Board, Ganderbal prepared a report wherein he mentioned that the complainant has not applied for NOC with the result his unit was closed.

2. District Officer Pollution Control Board Ganderbal, namely, Mohammad Ashraf Khanday alongwith Field Inspector, namely, Aabid Ahmad were demanding an amount of Rs.20,000/- as bribe in instalments within a period of one month for withdrawal of closure order which was issued by them on their report.
3. The complainant arranged an amount of Rs. 3000/- as first instalments to be paid to them.
4. On the complaint of the complainant, a case FIR No.02/2021, PS ACB, U/S 7 P.C Act 1988, of PS ACB was registered and investigation was taken up.
5. During the course of investigation, a trap team was constituted which laid a successful trap . Aabid Ahmad, presently Field Inspector Pollution Control Board, Ganderbal, was caught red handed while demanding and accepting the bribe amount of Rs. 3000/- from the complainant.
6. Further investigation of the case is in progress.

SNS KASHMIR

SHOPIAN, MARCH 15 :

Police Monday said it killed two militants including a top commander of Jaish-e-Muhammad in South Kashmir’s Shopian district in a gunfight that had started on Saturday evening.

Fresh firing between militants and security forces resumed at the site of the gunfight in Rawalpora village of south Kashmir’s Shopian district where a local LeT militant was killed by the forces on Saturday night, police said.
The gunfight had started on Saturday evening after Joint Forces received inputs about the presence of militants in Rawalpora village of Shopian.

On the next day on Sunday, a local militant, Jehangeer Ahmad Wani, a resident of Narapora Shopian was killed in the ensuing encounter, police said on Sunday even as two protestors sustained pellet injuries, one of them in his eye in the clashes near the encounter site. A policeman also received an injury in his head after he was hit by a stone during the clashes.

The firing resumed during morning hours on Monday resulting in the killing of top JeM commander whom police identified as Vilayat Hussain alias Sajad Afghani.

Police in a tweet said that IGP Kashmir congratulated Shopian police and security forces for killing JeM commander Sajjad Afghani in this encounter.

The operation ended on Monday evening. Local sources said that many residential structures were destroyed during the gunfight. (KNT)

Holds protest inside High Court premises against blasphemous move, seeks strict action against Rizvi

SRINAGAR, MARCH 15 :

The Jammu and Kashmir High Court Bar Association on Monday said that the writ petition filed by former chairman of U.P. Shia Wakf Board, Waseem Rizvi before the Supreme Court of India is a move to hurt the piousness and dignity of the Holy Quran and is highly condemnable.

In a statement issued to the news agency—Kashmir News Observer (KNO), Chairman and convener J&K High Court Bar Association said that the writ petition filed by one so called Muslim and former Chairman of U.P. Shia Wakf Board before the Hon’ble Supreme court of lndia, asking for deletion of 26 Verses of the Holy Quran, is a move to hurt the piousness and dignity of the Holy Quran, is highly condemnable.

“It shows mental bankruptcy and devilistic mentality of the said person by doing so, he has not hurt us, but also the sentiments of whole Muslim community all over the globe,” the statement reads.

It reads that the said person is liable to be prosecuted and punished in terms of law for his blasphemous Act. “Seeking interpretation from the Court of law of 26 Verses of the Holy Quran is outside the purview of judicial review.”

The statement reads that the Bar Association held a protest demonstration inside the court premises, against the blasphemous move of so called Razivi and have urged the authorities to take action against him in terms of the law—(KNO)

SNS KASHMIR

SRINAGAR, MARCH 15 :

Third militant who is trapped in Rawalpora, Shopian encounter, is being repeatedly offered to surrender by the security forces while as top security officials including IGP Kashmir Vijay Kumar and GoC Victor Force are monitoring the operation themselves, officials said.

A security official told news agency—Kashmir News Observer (KNO) that after contact was established with the third militant at Rawalpora, Shopian, top officials including IGP Kashmir and GoC Victor Force are monitoring the operation including law and order situation while as the remaining militant is being repeatedly asked to surrender. “We are trying for surrender of the third militants, let’s hope he agrees,” a senior official said.

Earlier in the day, security forces killed top JeM commander Sajad Afghani and before that on Saturday a Lashkar-e-Toiba militant Jehangeer was also killed—(KNO)

SNS KASHMIR

BANDIPORA, MARCH 15:

District Programme Officer ICDS Bandipora on Monday organised a day-long awareness-cum-workshop on Poshan Abhiyan with an aim to sensitize the field workers of ICDS about the importance of balanced diet.
Additional Deputy Commissioner Bandipora Zahoor Ahmad Mir inaugurated the workshop and interacted with the audience and deliberated on the importance of the balanced died for the children. The workshop was attended by District Social Welfare Officer Bandipora, Anganwadi Workers and Supervisors besides other senior officers of the district.
During the seminar experts deliberated upon the importance of a balanced diet for the children to overcome the malnutrition issue. They urged the workers to focus on broad themes including antenatal care, optimal breastfeeding (early and exclusive), complementary feeding, anemia, growth monitoring, girls – education, diet, right age of marriage, hygiene and sanitation, eating healthy – food fortification.
ADC Bandipora said poshan Abhiyan or National Nutrition Mission is Government of India’s flagship programme to improve nutritional outcomes for children, pregnant women and lactating mothers.

He said the Abhiyaan directs the attention of the people towards the problem of malnutrition and addresses it in a mission-mode. The ADC stressed on providing quality nutrition to the children and directed the officers to ensure that a balanced diet is provided to the children in Anganwadi centres.

SNS KASHMIR

SRINAGAR, MARCH 15 :

Former Minister of erstwhile Jammu and Kashmir State and Peoples Conference (PC) leader, Moulana Imran Raza Ansari on Monday resigned from the party’s General Secretary post.

Ansari, as per the news agency—Kashmir News Observer (KNO), announced his resignation from party’s General Secretary post on his Twitter handle, saying PC headed by former minister Sajad Gani Lone is growing and leaders have started joining the caravan of change.

“As our Party @JKPC_ is growing and lots of leaders have started joining this caravan of change I am requesting my party President @sajadlone to accept my resignation from post of General Secretary effective today,” Ansari tweeted—(KNO)

SRINAGAR, MARCH 15 :

After two militants including a top Jash-e-Mohammad commander were killed, the government forces have established “contact” with a third militant at Rawalpora area of south Kashmir’s Shopian district on Monday afternoon.

A police officer told GNS that “contact” was established with third militant hiding in the area.
Earlier top JeM Commander Jaish commander Wilayat Lone alias Sajad Afghani and another local militant were killed in the gunfight.

A Senior Police officer said that fresh firing resumed after lull of 24 hours this morning and one militant- Afghani, who he said was instrumental in recruiting militants in South Kashmir, especially in Shopian, was killed. The encounter had ensued around 8 p.m. on Saturday.

“At about 2000 hours based on specific input generated by Police regarding presence of militants in village Rawalpora area of Shopian, a joint cordon and search operation was launched by Police, 34RR and 14Bn of CRPF in the area,” a police spokesman had said.
“During the search operation, as the presence of militants got ascertained they were given opportunity to surrender, however, they fired indiscriminately upon the joint search party, which was retaliated leading to an encounter,” he had said, adding, “Due to darkness the operation was suspended however the cordon remained intact throughout night. On (Sunday) morning, repeated announcements were again made to hiding militant to surrender, but the militant fired on joint search party which was retaliated and so far one militant identified as Jahangir Ahmad Wani son of late Abdul Rehman Wani resident of Rakh Narapora Shopian, affiliated with LeT outfit was killed.”

As per police records, Wani was active since 01/09/2020 and was involved in several militancy-related cases including attacks on security forces, he had said.

“Arms & ammunition including USA made M4 Carbine rifle and other incriminating materials were recovered from the site of encounter so far. All the recovered materials have been taken into case records for further investigation and to probe his complicity in other crimes,” he had said, adding, “During the encounter, three houses caught fire while as a group of miscreants tried to disrupt the operation and created law & order problem near the encounter site during which some miscreants were also injured.

However, to track the other hiding militants, cordon and search operation in the area was still going on, the spokesman had said in the statement issued last evening. “Further details shall be accordingly communicated.” (GNS)