Jammu & Kashmir Court orders further investigation into 17-year-old murder of army man

A Jammu and Kashmir Court recently ordered further investigation into the murder case of an army personnel who was killed inside an army camp in 2006 [State Through P/S Banihal v Nemo]..Judicial Magistrate First Class (JMIC) Banihal Manmohan Kumar passed the order while expressing dissatisfaction with the closure report presented before the Court which stated that the police were unable to trace the accused."The casualness and callousness of the police is reflected from the fact that they are not able to identify the accused within the four walls of a camp. The entire investigation and the closure report therefore lack bonafide. The court is dissatisfied with the manner in which the police were dragging its feet in failing to make proper investigation, raising serious doubts that efforts were being made to protect someone", the Court said. .Therefore, the Station House Officer (SHO) was directed to conduct further investigation which must be concluded within a period of three months. The Court also directed the Superintendent Police (SP) Ramban to monitor the investigation. .As per the closure report, on May 19, 2006 at approximately 3 am, the Adjutant of 17 RR informed the Banihal Police Station that Sepoy Yuvra Uttam Rao had sustained fatal bullet injuries while on duty at the 17 RR Camp Gund Tethar in Jammu and Kashmir's Banihal area.Investigation had revealed that there were no bloodstains in the sentry post but four bullet holes were discovered in the roof suggesting that the shots were fired from inside.The body was found in a guest house, while the murder weapon was discovered in another room..The Court took note of discrepancies in the investigation since at one point the Investigating Officer (IO) observed that some unknown officials killed the deceased while he also concluded that death might be an act of terrorists. "However, IO has not collected any evidence that there was any transgression or attack in the army camp on the fateful night. The role of terrorists in the killing is also ruled out.. In the case in hand an army Jawan was killed inside the camp with his service weapon but the Investigating officers are unable to trace the accused," the Court noted..The Court further observed that the investigation conducted by the IOs showed total reluctance to unravel the truth or lack of a modicum of legal knowledge..The Judge also recorded astonishment at the fact that the closure report was kept at the Police Station for 6 years after completion of the investigation, as it was prepared in 2016, but presented before the Court in the year 2021..[Read Order]