Over dismissal of accused cop in Kathua rape and murder High Court issues notice to state

Asks Chief Secy, DGP to file response in two weeks

The Jammu and Kashmir High Court on Friday issued a notice to the state government seeking its reply within two weeks over a petition filed by a policeman, one of the eight accused in the Kathua rape and murder case, challenging his dismissal from service, a defence lawyer said.
High Court Judge Justice M K Hanjura issued the notice to the Chief Secretary and the DGP after hearing the argument over the petition filed by Constable Tilak Raj.
Besides Raj, the government has dismissed Sub-Inspector Anand Dutta and two Special Police Officers (SPOs) Deepak Khajuria and Surender Verma for their alleged involvement in the rape and murder of eight-year-old nomadic girl whose body was recovered from a forest in Kathua district in January, a week after her abduction.
The sub-inspector and the constable are accused of destroying crucial evidence for money to save the culprits.
The petition was filed in the High Court here on Thursday after getting a nod from the District and Sessions Judge, Pathankot, where the rape and murder case is under trial on the orders of the Supreme Court, said defence lawyer AK Sawhney.
“We have challenged the order of the dismissal of my client, Raj, on the grounds that no notice was issued to the accused, no inquiry was conducted and the order was discriminatory in nature,” he said.
After hearing the argument, Justice Hanjura served a notice on the concerned and asked for their response within two weeks, the lawyer said, adding that he had pleaded for an immediate stay on the dismissal order and its revocation.
The lawyer said he had to seek a copy of the dismissal order, which was passed on April 17, through an RTI application. “Sub-Inspector Dutta has also filed an RTI application to get a copy of the order. Once it is received, his case would also be taken up accordingly,” he said.
The defence lawyer claimed that the dismissal order of the two policemen was in gross violation of the constitutional protection as the law of the land made it clear that if you wanted to terminate any person from service, an inquiry officer was required to recommend the same.

Order discriminatory: Petitioner
The petitioner, Constable Tilak Raj, one of the eight accused in the Kathua rape and murder case, challenged his dismissal from service on the grounds that no notice was issued to him, no inquiry was conducted and the order was discriminatory in nature, his defence lawyer said
Besides Raj, the government has dismissed Sub-Inspector Anand Dutta and two Special Police Officers Deepak Khajuria and Surender Verma for their alleged involvement in the case