By TwoCircles.net Staff Reporter,
Hyderabad: The Hyderabad High Court has expressed dissatisfaction over counter affidavit filed by the Indian Army in connection with the Public Interest Litigation about the murder case of 11-year old- Sheikh Mustafa burned alive in Mehdipatnam army garrison.
Mustafa, a madrassa student, was a resident of Siddiq Nagar inside Mehdipatnam army garrison. He was found with severe burn injuries outside the barricade of the garrison. In his dying declaration, Mustafa had told the magistrate that two men in army uniform had set him ablaze. The boy succumbed to burn injuries at the Apollo DRDO hospital on October 9, 2014.
Sheikh Mustafauddin and site where his burned body was found. (File photo)
The PIL (number 295/2014) was filed demanding a CBI inquiry in the murder case. While admitting the PIL, the chief justice bench directed the Union government to become party to the matter and stated that the case pertains to the prestige of the Indian Army.
Lt Col Atul Devi, Camp Commandant of 47 Infantry Brigade Hyderabad, in his counter affidavit denied all the material allegations made in PIL and suggested the court to dismiss the same.
The army also ruled out that suicide by Lance Naik Apalla Raju after SIT interrogation and the murder of Mustafa had any direct connection. The army affidavit said, “Lance Naik Appala Rajju was subjected to prolonged, intense and extensive interrogation by SIT of the police on numerous occasions … … The likelihood of him committing suicide as a result of the stress induced on him and his family due to the ongoing police investigation cannot be ruled out.”
A particular statement which became the bone of contention was the Army hinting at foul play on the hands of civilians, “The likelihood of any civilians dressed in military uniform committing the said act cannot be negated / ruled out, because in the dying declaration the said boy mentioned that two personnel in military uniform committed the said act.”
Lt Col Atul Devi has stated that army is cooperating with the SIT and has no objection to any other government agency carrying out the investigation.
In his counter to army’s affidavit, petitioner advocate Gulam Rabbani questioned “how such a serious breach of security can take place in highly secure area?”
The earlier counter affidavit cum status of investigation report by Commissioner of Police had put the army in the dock as the report extensively hinted out on the involvement of army men from inside the garrison in the crime.
Expressing dissatisfaction with army’s affidavit, High Court of Judicature at Hyderabad bench of Chief Justice Kalyan Jyoti Sengupta and Justice Sanjay Kumar directed the state government to submit additional counter on the current status and the stage of investigation.
The last counter affidavit by Hyderabad Commissioner of Police was filed two months back and the bench wanted to know how far the investigation had proceeded. The matter is adjourned for fortnight.
Related:
Mustafa murder case: police investigation report puts Army in the dock