Jhajjar Kotli Encounter: J&K HC reverses order, directs NIA court to re-frame charges

In a win for National Investigation Agency(NIA), Jammu and Kashmir High Court has reversed the decision of Special NIA Court Jammu which in its decision removed Sections 120-B and 121-A RPC. High Court bench led by Justice Dheeraj Singh Thakur and Justice Rajnesh Oswal ordered the Special NIA Court Jammu to frame the charges under Section 121-A and 120-B RPC against Muhammad Iqbal Rather and Riyaz Ahmed Nengroo, Jaish Over Ground Workers.

Earlier, an appeal was made by NIA against the order passed by the Special Judge, NIA, Jammu, in which it discharged under Sections 120-B and 121-A RPC in Jhajjar Kotli Encounter case.

The court in its order said that we cannot persuade ourselves to accept the view expressed by the NIA Court to the extent of discharging the respondents for the offences punishable under Section 120-B and 121- A of the RPC. The impugned judgment and order to that extent is, therefore, set aside. Trial Court is directed to frame the charges for the commission of an offence under Section 121-A and 120-B RPC.

What does Section 121-A and 120-B RPC mean?

Section 121 of the RPC envisages that whoever wages war against the Government of India or attempts to wage such ware or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

Section 121-A of the RPC envisages that whoever within the State or any other place within or without India conspires to commit any of the offences punishable by section 121 or conspires to overawe, by means of criminal force or the show of criminal force, the Government or the Government of India or any other State Government in India, shall be punished with imprisonment for life or with imprisonment of either description which may extend to ten years and shall also be liable to fine.

Section 120-B(1) envisages that whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if had abetted such offence.

Section 120-B(2) envisages that whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or with both.

The case pertains to the killing of three terrorists from Pakistan based terror outfit Jaish E Mohammad on September 13, 2018, and arrested of two Over Ground Workers (OGWs) from the scene of the crime. In this encounter, some police personals including, the then, DySP Nagrota Mohan Sharma was injured. They were on their way to Kashmir valley in a truck after sneaking in into Indian territory using the International Border route.

A case was registered under FIR No.191/2018 dated 13th September 2018 under Sections 307, 120-B, 121, 122, 123 RPC as also Sections 7, 25, 26, 27 of the Arms Act, 1959, along with Sections 16, 18, 38 of the Unlawful Activities (Prevention) Act, were registered at P/S Katra. On 24th September 2018, NIA re-registered the cases as RC No. 29/2018/NIA/DLI dated 25.09.2018 and RC No.30/2018/NIA/DLI dated 28.09.2018 and later both the cases were clubbed.

National Investigation Agency (NIA) charge-sheeted three persons in the Jhajjar Kotli terror case on March 10, 2019. The incident brought to the fore the Jaish-e-Mohammad plan to infiltrate terrorists into India. Those charge-sheeted were Muhammad Iqbal Rather, a BSc student, and Riyaz Ahmed Nengroo, a trucker. Ashaq Ahmed Nengroo, brother of Riyaz, is absconding.

This was the eighth attempt by Jaish to push terrorists from Jammu to Srinagar. “It was not an isolated incident, but a part of a series of infiltrations that happened over the years along the belt from October 23, 2017, up to September 12, 2018. A total of seven such incidents had taken place,” NIA said in its March 10, 2019 statement.

J&K High Court order by Republic on Scribd

(Image Credits: PTI)