“Justice Cannot Be A Ritual”: J&K&L High Court Flags Shoddy Probe Into Minor Girl's Death, Orders CBI Probe

Expressing deep anguish over what it described as an insensitive and routine investigation into the suspicious death of a 13-year-old girl, the High Court of Jammu & Kashmir and Ladakh has ordered that the case be handed over to the Central Bureau of Investigation (CBI), observing that continued delay and casual handling would only result in loss of crucial evidence and denial of justice to the grieving father .The order was passed by Justice Rahul Bharti while hearing a writ petition filed by Mukhtyar Ali, a resident of Village Jandyal, Jammu, whose minor daughter was found hanging from a tree near their residence on 15 August 2024. The petitioner approached the Court after nearly two months, alleging that despite the gravity of the incident, the police had failed to meaningfully investigate the cause of death and had not shared any concrete findings with the family .Allegations of Rape and Murder, Plea for Independent ProbeIn his petition, the father suspected that his daughter may have been subjected to rape and murder, and sought transfer of the investigation to the Crime Branch, citing repeated failures on the part of the Senior Superintendent of Police (SSP), Jammu and the SHO, Police Station Gharota, to ascertain the truth behind the incident .Taking note of the seriousness of the matter, the High Court, on the very first date of hearing, directed the SSP, Jammu to file a status report, warning that personal appearance would be required if the report was not filed, given the suspicious death of a minor girl The first status report, filed by the SDPO Akhnoor, failed to impress the Court. Justice Bharti noted with concern that the report opened with a suggestion that the petition deserved dismissal, as if the officer was dictating terms to the Court. Even more troubling, the report disclosed the identity of the minor victim and shifted the burden onto the petitioner to show how the police inquiry was flawed, without explaining what concrete investigative steps had actually been taken .The Court was particularly disturbed that such a sensitive case had been entrusted to a probationary Sub-Inspector, observing that this itself reflected a mindset of treating the death of a young girl as a routine matter rather than one demanding senior supervision and urgency. “There is no reference in the status report that that any Executive Magistrate was ever approached to get the directions for conducting the inquest proceedings and whether any Executive Magistrate was engaged from the very first instance with respect to the so-called proceedings under section 194 of BNSS, 2023”, the court observed.Two Months, No Meaningful ProgressJustice Bharti remarked that despite two months having elapsed, the status report was a ritualistic two-page document, offering no substantive factual inputs. He remarked,“…This Court wonders that if the petitioner would not have approached this Court with the present writ petition, then how the petitioner would have been apprised by the SDPO, Akhnoor, about the state of inquiry/investigation in the case when this Court itself was being informed in such a perfunctory manner by SDPO”A second status report, filed later pursuant to Court directions, was found to be virtually identical to the first, further frustrating the Court .Medical Findings and SIT Under ScannerThe Court noted that the post-mortem conducted on 16 August 2024 recorded antemortem ligature marks around the neck. While forensic reports ruled out poisoning and sexual assault, and the medical board opined that death was due to asphyxia caused by antemortem hanging, the Court was not convinced that these findings could substitute a thorough, independent investigation .Even the constitution of a Special Investigation Team (SIT) by the SSP, Jammu did not inspire confidence, as it comprised the very officers whose functioning had already come under judicial criticism .CBI Probe OrderedHolding that continued investigation by the district police would only lead to adulterated versions and loss of evidence, Justice Rahul Bharti concluded that the case deserved investigation by “none else than the CBI.” The Court accordingly directed the CBI, Jammu to step in and summoned both the Incharge SIT/SDPO Akhnoor and the SP, CBI, Jammu to appear before it along with the entire inquiry record .The matter has been listed for further hearing on 18 December 2025.Case Title:Mukhtyar Ali Vs UT of J&KClick Here To Read/Download Order

“Justice Cannot Be A Ritual”: J&K&L High Court Flags Shoddy Probe Into Minor Girl's Death, Orders CBI Probe

LIVELAW NEWS NETWORK

Tags