‘Many arrests in J&K made without observing procedure’

The Hindu: Srinagar: Tuesday, March 25, 2014.

It is clear that there are two laws, one law for the common people and another for VIPs, says RTI campaigner.

Of the 94 persons, including three women, arrested under the Shaheed Gunj police station in 223 cases from January 1, 2013, to February 28, 2014, the police sought a pre-arrest warrant from a magistrate against only one accused a Minister.

In reply to an application filed under the State’s Right to Information law, the Public Information Officer of Srinagar District Police has revealed that the police did not seek a pre-arrest warrant under Section 25 of the Jammu and Kashmir Police Act against any of the 94 persons arrested in the last 14 months. Major government offices, including the Civil Secretariat, the Jammu and Kashmir High Court, besides the Legislative Assembly and the Legislative Council, fall under the jurisdiction of the police station that was chosen as a sample by an RTI activist.

The one-odd accused, against whom the police obtained a proper warrant under the law, was none other than the Congress MLA, Shabir Khan, who resigned as Minister in-charge, Health, following the registration of a case of sexual assault against him. The PIO has revealed that even summon or legal notice was not issued against any of the remaining 93 persons.

“It was just a sample. Arrests are similarly made throughout the State without observing the legal and procedural requirements in the whole State of Jammu and Kashmir,” RTI activist Raman Sharma said. “It has become clear that there are two laws here, one law for the common people and another for the VIPs. Police gave the Minister a long rope till he obtained interim bail and, finally, he walked to the SHO leisurely and went back.”

A former Sub Divisional Police Officer of Shaheed Gunj argued that issuing legal notices and summons and securing warrants “varies from case to case.” “In the ex-Minister’s case, we had apprehensions of resistance. Besides, we suspected him to be in Jammu and needed the warrant for his transit remand,” he told The Hindu. He claimed that most of those arrested last year were “stone-pelters”. Senior Superintendent of Police Amit Kumar said he was too busy to comment immediately.