High Court Orders CBI Probe Into Death of 13-Year-Old Girl | Kashmir Life

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has ordered a Central Bureau of Investigation probe into the death of a 13-year-old girl found hanging from a tree near her home in Jammu’s Jandyal village, sharply criticising the local police for what it described as a “perfunctory” and casual investigation.

Justice Rahul Bharti passed the order while hearing a writ petition filed by the girl’s father, Mukhtyar Ali, who approached the court alleging that no meaningful progress had been made in the investigation nearly two months after the incident. The girl’s body was found on August 15, 2024, under circumstances the court described as suspicious.

The court said it was unconvinced that the district police had made any serious effort to uncover the truth behind the minor’s death, observing that the manner in which the case was handled reflected a lack of urgency, sensitivity and professional rigour.

In its order, the court noted that the petitioner had come before it “with a grieving heart” and that the death of a minor demanded immediate attention from senior police officials. Instead, it found that the case appeared to have been treated as routine, with no accountability or visible investigative direction.

Justice Bharti was critical of the initial status report submitted by the police, which sought dismissal of the petition rather than detailing investigative steps taken. The court said it was inappropriate for a Sub-Divisional Police Officer to term the petition “misconceived” when the report itself lacked substantive information on the probe.

The court also questioned the decision to assign the investigation to a probationary sub-inspector, observing that entrusting such a serious case to an officer “yet learning the art of investigation” reflected a mindset of treating the matter as routine.

Another significant lapse highlighted by the court was the absence of proper inquest proceedings. The order noted that there was no indication that an Executive Magistrate had been approached to conduct the inquest, as required in cases of unnatural death, calling the omission deeply concerning.

Referring to a subsequent status report filed weeks later, the court said it added no new factual inputs and was virtually identical to the first. Justice Bharti remarked that even after two months, the investigation had generated no tangible progress, raising concerns about whether the petitioner would have been informed of the case status had he not approached the court.

The court noted that while the postmortem report recorded ante-mortem injuries and a ligature mark around the neck, and the medical board opined that death was due to asphyxia caused by hanging, medical opinion alone could not replace a credible investigation, particularly in light of allegations of sexual assault and murder raised by the family.

The High Court also expressed dissatisfaction with the constitution of a Special Investigation Team, pointing out that it was headed by the same officers whose conduct had already failed to inspire confidence. From a cumulative reading of the status reports, the court said it remained unconvinced that any serious effort was underway to investigate the case.

Warning that continued delay would erode evidentiary value, the court observed that loss of time would result in an “adulterated version” of events and reduce the judicial process to a mere formality.

Concluding that trust in the local investigation had been completely eroded, the High Court ordered that the case be handed over to the Central Bureau of Investigation. It directed the personal appearance of the Incharge of the Special Investigation Team and the Superintendent of Police, CBI Jammu, and asked them to produce the entire inquest and inquiry record before the court on the next date of hearing.