mysterious disappearance of 12 yrs old child hc transfers...

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DAILY EXCELSIOR, JAMMU FRIDAY, FEBRUARY 12, 2016 (PAGE 3) CS reviews implementation of SSA, Mid Day Meal Scheme Excelsior Correspondent JAMMU, Feb 11: The Executive Committee Ujala Society- Sarva Shiksha Abhiyan CS (SSA), headed by Chief Secretary, B R Sharma today approved the proposed outlay of Rs 2967 crore for the year 2016-17 for implementa- tion of flagship scheme in the State. Commissioner Secretary, School Education, Shaleen Kabra, Commissioner Secretary, Finance, N K Choudhary, Commissioner Secretary, R&B Rohit Kansal, Secretary Social Welfare, Sanjeev Verma, Secretary Health, Dr Mandeep Bhandari, Secretary CA&PD, Saurabh Bhagat, Project Director SSA, Saugat Biswas, DSEK, Dr Shah Faesal, DSEJ, Smita Sethi and other officers were present in the meeting. While reviewing the overall implementation of SSA in the State, Chief Secretary called for carrying GIS Mapping of schools to enable creation of a data base with records listing location of the school, infra- structure available, staff strength, number of students and other facilities including toilets available. "GIS Mapping should be completed by 31st March", he added. Chief Secretary also stressed on carrying out a spe- cial audit on pilot basis and 3rd party evaluation & monitoring of SSA completed at the earli- est. For helping Children with special needs, Chief Secretary urged sensitizing and training teachers towards giving care and attention to such children. Earlier, Chief Secretary while chairing the State Level Steering cum Monitoring Committee (SSMC) meeting of Mid Day Meal Scheme instructed School Education Department to start lifting food grains from CA&PD outlets nearest to the school rather than from Tehsil headquaters. In this regard, CA&PD Department was asked to consider and arrange supplying food grains from CA&PD outlets/ fair price shops nearest to the schools. "It would save precious time of teachers in collecting food grains and ensure its timely supply", Chief Secretary noted. Chief Secretary also urged CA&PD Department to ensure providing LPG connections to the left out schools and take up the matter with the companies supplying LPG in respective districts. Out of 23136 schools, nearly 10,000 schools still use firewood or kerosine stove for cooking Mid Day Meals. Chief Secretary also issued directions to the School Education Department to develop a SOP in consultation with Health Department to con- duct regular Health Checkup in schools. "Health Checkup should be taken up in mission mode and all students must have a health card issued indi- cating their health status and the same kept as record with the headmaster of the school", he said, adding that schools should be linked to the nearest PHC and on already notified, dates teams of health experts should conduct checkup of the stu- dents and the process should be performed twice a year. Health Department was also asked to take up samples of cooked food regularly for test- ing to ascertain the quality of food being served to the chil- dren during Mid Day Meals. Meanwhile, the Committee approved the Annual Work Plan & Budget 2016-17 for an amount of Rs 251.92 crore. Chief Secretary B R Sharma chairing a meeting at Jammu on Thursday. Tourists enjoying snowfall in Patnitop on Thursday. -Excelsior/Parvaiz SC refuses to restrain States from banning mobile internet NEW DELHI, Feb 11: The Supreme Court today refused to restrain states from banning mobile internet, saying that such steps are necessary to maintain law and order. A bench of Chief Justice TS Thakur and Justice R Banumathi dismissed an appeal challenging a judgment of the Gujarat High Court which had upheld the ban on mobile internet under section 144 of CrPC during 'Patidar agi- tation' led by Hardik Patel. "It becomes very necessary sometimes for law and order. There can be concurrent pow- ers," the bench said, adding that "it is also necessary during the riot-like situation." The appeal was filed by Gaurav Sureshbhai Vyas who had opposed the Gujarat Government's decision to ban mobile internet when Hardik Patel had launched a movement last year demanding OBC status for Patels in jobs and education. The High Court had in September last year rejected his PIL saying that the decision of the State Government was "just and proper." The Gujarat Government had banned mobile internet services from 25 August night last year for almost a week as the Patel quota stir had turned violent. (PTI) Advisor to Governor, Khurshid Ahmad Ganai interacting with a deputation at Srinagar on Thursday. Deputations call on Khurshid Ganai Excelsior Correspondent SRINAGAR, Feb 11: Several deputations today called on the Advisor to Governor, Khurshid Ahmad Ganai at the State Guest House and apprised him with their grievances . People putforth their demands pertaining to flood relief, power supply ,road con- nectivity and other amenities .The Advisor gave a patient hearing to the projected demands and asked the con- cerned officers to take adequate measure for timebound redressal of these issues. Deputations of daily-wagers of PHE, RDD, Irrigation & Flood Control (I&FC) Agriculture, civic bodies, NYC etc also apprised him with their grievances regarding regulariza- tion. The other delegations which met Mr Ganai include PHE Contractors Association, house- boat owners, Fruit and Vegetable Retailer Union, Class IVth employees of various departments, Civil Society Khrew, Civil Society Jetty Baramulla, ITI trainers (Plumber), Elaqai Tameerati Board, ICDS Anganwari work- ers Ganderbal, Handicapped Association, Village Committee Awantipura and Stone Quarry Association, Athwajan. JICA to provide technical assistance for J&K projects NEW DELHI, Feb 11: The Japan International Cooperation Agency (JICA) today said it will provide techni- cal assistance to Government for development of national high- ways in mountainous regions like Jammu & Kashmir, Uttarakhand and Himachal Pradesh. "JICA has signed a technical cooperation agreement with the Government for 'capacity devel- opment project on highways in mountainous regions', it said in a statement. The project will provide for strengthening of institutional capacity of organisations engaged in development of road network in mountain terrains, such as Ministry of Road Transport & Highways (MoRTH), NHA, NHIDCL and state-level PWDs. The road ministry has assigned high priority to the development of national high- ways in the mountainous regions to enhance local connec- tivity, especially in Uttarakhand, Himachal Pradesh, Jammu & Kashmir and the North-East region. "MoRTH is keen to adopt new technologies related to tun- nels, bridges and slope stabilisa- tion and enhance its capacities for disaster-resistant planning, cost-effective construction tech- nologies and safety management in mountainous highways," the statement said. Under the JICA's coopera- tion, technical guidelines will be prepared for design, develop- ment and management of road network in mountainous regions, including for tunnels, high-pier bridges, earthworks, slope protection and waterways for the drainage. JICA will dispatch experts from Japan on highway engi- neering and management, and conduct technical training pro- grammes for Indian engineers and technical personnel, in part- nership with the Indian Academy of Highway Engineers, to enhance capacity of Government in planning, con- struction and management of highways in mountainous regions. The Agency has been contin- uously cooperating with MoRTH and other road agencies in their human resource devel- opment and improvement and construction of highways since early 1990s when JICA started dispatch of Japanese experts to those organisations, it said. The newly-started technical cooperation represents JICA's attempts to further its coopera- tion in the transport sector, which would play a pivotal role for economic and social devel- opment in India. (PTI) Power shut down Excelsior Correspondent JAMMU, Feb 11: For carrying out 33 KV line work for new R/Stn Manda by M/s IRCON, shutdown on D-4 feeder emanating from R/Stn Dhountly on February 14, 16, 18 and 20, 2016 from 10 am to 4 pm has been allowed. During the shut down period, the power supply to Karan Nagar, Ambphalla, Ustad Mohalla, etc. will remain affected. Similarly, for carrying out 33 KV line work for new R/Stn Manda by M/s IRCON, shutdown on J-15 feeder emanating from R/Stn Janipur on February 14, 2016 from 10 am to 4 pm has been allowed. During the shut down period, the power supply to New Plot Ambphalla, Old Janipur, Tali Morh, etc will remain affected. Bar to suspend work today Excelsior Correspondent JAMMU, Feb 11: J&K High Court Bar Association will sus- pend work tomorrow as a mark of respect for Advocate J R Arora, who passed away today. The Bar Association in a meeting held under the chair- manship of its President Abhinav Sharma decided to suspend the work tomorrow as a mark of respect for the departed soul. Advocate J R Arora, who hailed from Arnia, was a noted civil/criminal lawyer and had great expertise in criminal mat- ters. He was elder brother of Dr Kamal Arora, MLA Bishnah. KU exams postponed Excelsior Correspondent SRINAGAR, Feb 11: All Kashmir University examina- tions scheduled to be held on 12th February (Friday) have been postponed. Fresh dates will be notified separately, said an official com- munication of the University. PCC leaders discuss J&K’s political situation with Rahul Excelsior Correspondent JAMMU, Feb 11: A dele- gation of Jammu and Kashmir Pradesh Congress Committee (PCC) today met the All India Congress Committee vice presi- dent, Rahul Gandhi, and dis- cussed the latest political situa- tion in J&K with him at the Union capital. The delegation led by PCC president Ghulam Ahmed Mir and assisted by senior vice pres- ident Sham Lal Sharma and CLP Leader Nawang Rigzin Jora met the AICC vice presi- dent at New Delhi today and discussed the latest political sit- uation. AICC general secretary incharge J&K affairs Ambika Soni was also present during the meeting. The JKPCC leaders apprised the AICC vice-president about the latest political scenario in the State besides discussing the organizational affairs and activ- ities of the party. The leaders apprised Mr Gandhi about ongoing membership drive of the party in the State and the process for the election of dele- gates in order to constitute party units at booth level and upwards, in the due course of time, as per schedule and guide- lines of the AICC in this regard. Rahul Gandhi advised the PCC leadership to strengthen the party units at all levels with due representation to the women and energetic young leaders and adequate represen- tation to down trodden sections of the society. The party cadres should be geared up to meet the future challenges in the State, Mr Gandhi maintained. Mysterious disappearance of 12 yrs old child HC transfers investigation to CBI Excelsior Correspondent JAMMU, Feb 11: High Court today transferred the investigation into mysterious disappearance of 12 years old child from Vijaypur to Central Bureau of Investigation (CBI). While entrusting the case to the CBI, Justice Janak Raj Kotwal directed that the State Government shall immediately issue formal orders in this regard and the CBI shall take up the investigation. The High Court further observed, "it is expected that the CBI shall take up the task with promptitude so that the confidence of the public in law enforcing agencies is strengthened and justice is done to the victim and his family". The order was passed in a writ petition filed by Rajesh Sharma, the father of 12 year old Vishal Sharma student of 6th standard, who mysteriously went missing on May 5, 2014 from his residence at Vijaypur when he was playing with a pet belonging to one of the neigh- bours near Sabzi Mandi. After hearing Advocate Sheikh Shakeel Ahmed with Advocate Sheikh Najeeb Ashraf appearing for the petitioner and Additional Advocate General Wasim Sadiq Nargal appearing for Home Department and Monika Kohli, Retainer Counsel for CBI, Justice Kotwal observed, "the Court on October 15, 2015 while taking note of the failure on the part of the State to fulfill constitutional and legal obligation in tracing out the missing boy and as a step prior to transferring the investi- gation to the CBI, had directed the Director General of Police to constitute a Special Investigation Team (SIT) com- prising of the Superintendent of Police, Sub-District Police Officer and concerned Station House Officer to be supervised by Inspector General of Police, Jammu". The SIT was, therefore, con- stituted with SSP Samba, SDPO Vijaypur and SHO Police Station Vijaypur as its members but the boy has not been traced till date and the poor petitioner is still pinning hope in the realm of despair, Justice Kotwal fur- ther observed, adding "the court on January 14, 2016 had direct- ed Commissioner/Secretary Home and Director General of Police to file their response in affidavit(s) of authorized offi- cers as to why investigation be not transferred to CBI and pur- suant to this direction the IGP Jammu filed a comprehensive affidavit giving a detailed account of the efforts made by the Police in tracing the missing boy". "The IGP has concluded that whatever could be done under the circumstances has been done and is being done by the Police", the High Court said, adding "the affidavit filed on behalf of Secretary Home is on the similar line too". After considering the affi- davits filed by Deputy Secretary Home and IGP, Justice Kotwal observed, "what is thus clear is that inspite of its best efforts the State Police has been unable to trace the miss- ing boy. Whether the police could have done better than what has been done may not be that important, but it can be said that a fruitless effort can satisfy neither the family of the missing boy nor the public in general", adding "State has the constitutional duty to protect the life and human rights of its citizens and inability in this regard cannot justify a serious situation like this". "If the State Police has been unable to achieve the desired object there cannot be any rec- onciliation with the situation and another agency must come forward to contribute its might. Such a course is required to install the confidence of the public in the Government and the law enforcing agencies of the State and to do complete jus- tice to the victim and his fami- ly", High Court further said. With these observations, Justice Janak Raj Kotwal dis- posed of the petition filed and transferred the investigation of the case to the CBI.

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Page 1: Mysterious disappearance of 12 yrs old child HC transfers ...epaper.dailyexcelsior.com/epaperpdf/2016/feb/16feb12/page3.pdf · Rahul Gandhi advised the PCC leadership to strengthen

DAILY EXCELSIOR, JAMMU FRIDAY, FEBRUARY 12, 2016 (PAGE 3)

CS reviews implementation ofSSA, Mid Day Meal Scheme

Excelsior Correspondent

JAMMU, Feb 11: TheExecutive Committee UjalaSociety- Sarva ShikshaAbhiyan CS (SSA), headed byChief Secretary, B R Sharmatoday approved the proposedoutlay of Rs 2967 crore for theyear 2016-17 for implementa-tion of flagship scheme in theState.

Commissioner Secretary,School Education, ShaleenKabra, CommissionerSecretary, Finance, N KChoudhary, CommissionerSecretary, R&B Rohit Kansal,Secretary Social Welfare,Sanjeev Verma, SecretaryHealth, Dr Mandeep Bhandari,Secretary CA&PD, SaurabhBhagat, Project Director SSA,Saugat Biswas, DSEK, Dr ShahFaesal, DSEJ, Smita Sethi andother officers were present inthe meeting.

While reviewing the overallimplementation of SSA in theState, Chief Secretary called forcarrying GIS Mapping ofschools to enable creation of adata base with records listinglocation of the school, infra-structure available, staff

strength, number of studentsand other facilities includingtoilets available. "GIS Mappingshould be completed by 31stMarch", he added.

Chief Secretary alsostressed on carrying out a spe-cial audit on pilot basis and 3rdparty evaluation & monitoringof SSA completed at the earli-est.

For helping Children withspecial needs, Chief Secretaryurged sensitizing and trainingteachers towards giving careand attention to such children.

Earlier, Chief Secretarywhile chairing the State LevelSteering cum MonitoringCommittee (SSMC) meeting ofMid Day Meal Schemeinstructed School EducationDepartment to start lifting foodgrains from CA&PD outletsnearest to the school rather thanfrom Tehsil headquaters. In thisregard, CA&PD Departmentwas asked to consider andarrange supplying food grainsfrom CA&PD outlets/ fair priceshops nearest to the schools. "Itwould save precious time ofteachers in collecting foodgrains and ensure its timelysupply", Chief Secretary noted.

Chief Secretary also urgedCA&PD Department to ensureproviding LPG connections to

the left out schools and take upthe matter with the companiessupplying LPG in respectivedistricts. Out of 23136 schools,nearly 10,000 schools still usefirewood or kerosine stove forcooking Mid Day Meals.

Chief Secretary also issueddirections to the SchoolEducation Department todevelop a SOP in consultationwith Health Department to con-duct regular Health Checkup inschools.

"Health Checkupshould be taken up in missionmode and all students musthave a health card issued indi-cating their health status andthe same kept as record with theheadmaster of the school", hesaid, adding that schools shouldbe linked to the nearest PHCand on already notified, datesteams of health experts shouldconduct checkup of the stu-dents and the process should beperformed twice a year.

Health Department was alsoasked to take up samples ofcooked food regularly for test-ing to ascertain the quality offood being served to the chil-dren during Mid Day Meals.

Meanwhile, the Committeeapproved the Annual Work Plan& Budget 2016-17 for anamount of Rs 251.92 crore.

Chief Secretary B R Sharma chairing a meeting at Jammu on Thursday.

Tourists enjoying snowfall in Patnitop on Thursday. -Excelsior/Parvaiz

SC refuses to restrain Statesfrom banning mobile internet

NEW DELHI, Feb 11:

The Supreme Court todayrefused to restrain states frombanning mobile internet, sayingthat such steps are necessary tomaintain law and order.

A bench of Chief Justice TSThakur and Justice R Banumathidismissed an appeal challenginga judgment of the Gujarat HighCourt which had upheld the banon mobile internet under section144 of CrPC during 'Patidar agi-tation' led by Hardik Patel.

"It becomes very necessarysometimes for law and order.There can be concurrent pow-ers," the bench said, adding that"it is also necessary during theriot-like situation."

The appeal was filed byGaurav Sureshbhai Vyas whohad opposed the GujaratGovernment's decision to banmobile internet when HardikPatel had launched a movement

last year demanding OBC statusfor Patels in jobs and education.

The High Court had inSeptember last year rejected hisPIL saying that the decision ofthe State Government was "justand proper."

The Gujarat Governmenthad banned mobile internetservices from 25 August nightlast year for almost a week asthe Patel quota stir had turnedviolent. (PTI)

Advisor to Governor, Khurshid Ahmad Ganai interactingwith a deputation at Srinagar on Thursday.

Deputations call onKhurshid Ganai

Excelsior Correspondent

SRINAGAR, Feb 11:Several deputations today calledon the Advisor to Governor,Khurshid Ahmad Ganai at theState Guest House and apprisedhim with their grievances .

People putforth theirdemands pertaining to floodrelief, power supply ,road con-nectivity and other amenities.The Advisor gave a patienthearing to the projecteddemands and asked the con-cerned officers to take adequatemeasure for timebound redressalof these issues.

Deputations of daily-wagersof PHE, RDD, Irrigation &Flood Control (I&FC)Agriculture, civic bodies, NYCetc also apprised him with theirgrievances regarding regulariza-tion.

The other delegations whichmet Mr Ganai include PHEContractors Association, house-

boat owners, Fruit andVegetable Retailer Union, ClassIVth employees of variousdepartments, Civil SocietyKhrew, Civil Society JettyBaramulla, ITI trainers(Plumber), Elaqai Tameerati

Board, ICDS Anganwari work-ers Ganderbal, HandicappedAssociation, Village CommitteeAwantipura and Stone QuarryAssociation, Athwajan.

JICA to provide technicalassistance for J&K projects

NEW DELHI, Feb 11:

The Japan InternationalCooperation Agency (JICA)today said it will provide techni-cal assistance to Government fordevelopment of national high-ways in mountainous regionslike Jammu & Kashmir,Uttarakhand and HimachalPradesh.

"JICA has signed a technicalcooperation agreement with theGovernment for 'capacity devel-opment project on highways inmountainous regions', it said in astatement.

The project will provide forstrengthening of institutionalcapacity of organisationsengaged in development of roadnetwork in mountain terrains,such as Ministry of RoadTransport & Highways(MoRTH), NHA, NHIDCL andstate-level PWDs.

The road ministry hasassigned high priority to thedevelopment of national high-ways in the mountainousregions to enhance local connec-tivity, especially in Uttarakhand,Himachal Pradesh, Jammu &

Kashmir and the North-Eastregion.

"MoRTH is keen to adoptnew technologies related to tun-nels, bridges and slope stabilisa-tion and enhance its capacitiesfor disaster-resistant planning,cost-effective construction tech-nologies and safety managementin mountainous highways," thestatement said.

Under the JICA's coopera-tion, technical guidelines will beprepared for design, develop-ment and management of roadnetwork in mountainousregions, including for tunnels,high-pier bridges, earthworks,slope protection and waterwaysfor the drainage.

JICA will dispatch expertsfrom Japan on highway engi-neering and management, andconduct technical training pro-grammes for Indian engineersand technical personnel, in part-nership with the IndianAcademy of HighwayEngineers, to enhance capacityof Government in planning, con-struction and management ofhighways in mountainousregions.

The Agency has been contin-uously cooperating withMoRTH and other road agenciesin their human resource devel-opment and improvement andconstruction of highways sinceearly 1990s when JICA starteddispatch of Japanese experts tothose organisations, it said.

The newly-started technicalcooperation represents JICA'sattempts to further its coopera-tion in the transport sector,which would play a pivotal rolefor economic and social devel-opment in India. (PTI)

Power shut downExcelsior Correspondent

JAMMU, Feb 11: For carrying out 33 KV line work for newR/Stn Manda by M/s IRCON, shutdown on D-4 feeder emanatingfrom R/Stn Dhountly on February 14, 16, 18 and 20, 2016 from 10am to 4 pm has been allowed.

During the shut down period, the power supply to Karan Nagar,Ambphalla, Ustad Mohalla, etc. will remain affected.

Similarly, for carrying out 33 KV line work for new R/StnManda by M/s IRCON, shutdown on J-15 feeder emanating fromR/Stn Janipur on February 14, 2016 from 10 am to 4 pm has beenallowed.

During the shut down period, the power supply to New PlotAmbphalla, Old Janipur, Tali Morh, etc will remain affected.

Bar to suspendwork today

Excelsior Correspondent

JAMMU, Feb 11: J&K HighCourt Bar Association will sus-pend work tomorrow as a markof respect for Advocate J RArora, who passed away today.

The Bar Association in ameeting held under the chair-manship of its PresidentAbhinav Sharma decided tosuspend the work tomorrow as amark of respect for the departedsoul.

Advocate J R Arora, whohailed from Arnia, was a notedcivil/criminal lawyer and hadgreat expertise in criminal mat-ters. He was elder brother of DrKamal Arora, MLA Bishnah.

KU exams postponed

Excelsior Correspondent

SRINAGAR, Feb 11: AllKashmir University examina-tions scheduled to be held on12th February (Friday) havebeen postponed.

Fresh dates will be notifiedseparately, said an official com-munication of the University.

PCC leaders discussJ&K’s political

situation with RahulExcelsior Correspondent

JAMMU, Feb 11: A dele-gation of Jammu and KashmirPradesh Congress Committee(PCC) today met the All IndiaCongress Committee vice presi-dent, Rahul Gandhi, and dis-cussed the latest political situa-tion in J&K with him at theUnion capital.

The delegation led by PCCpresident Ghulam Ahmed Mirand assisted by senior vice pres-ident Sham Lal Sharma andCLP Leader Nawang RigzinJora met the AICC vice presi-dent at New Delhi today anddiscussed the latest political sit-uation. AICC general secretaryincharge J&K affairs AmbikaSoni was also present during themeeting.

The JKPCC leaders apprisedthe AICC vice-president aboutthe latest political scenario inthe State besides discussing theorganizational affairs and activ-ities of the party. The leadersapprised Mr Gandhi aboutongoing membership drive ofthe party in the State and theprocess for the election of dele-gates in order to constitute partyunits at booth level andupwards, in the due course oftime, as per schedule and guide-lines of the AICC in this regard.

Rahul Gandhi advised thePCC leadership to strengthenthe party units at all levels withdue representation to thewomen and energetic youngleaders and adequate represen-tation to down trodden sectionsof the society. The party cadresshould be geared up to meet thefuture challenges in the State,Mr Gandhi maintained.

Mysterious disappearance of 12 yrs old child

HC transfers investigation to CBIExcelsior Correspondent

JAMMU, Feb 11: HighCourt today transferred theinvestigation into mysteriousdisappearance of 12 years oldchild from Vijaypur to CentralBureau of Investigation (CBI).

While entrusting the case tothe CBI, Justice Janak RajKotwal directed that the StateGovernment shall immediatelyissue formal orders in thisregard and the CBI shall take upthe investigation. The HighCourt further observed, "it isexpected that the CBI shall takeup the task with promptitude sothat the confidence of the publicin law enforcing agencies isstrengthened and justice is doneto the victim and his family".

The order was passed in awrit petition filed by RajeshSharma, the father of 12 year oldVishal Sharma student of 6thstandard, who mysteriouslywent missing on May 5, 2014from his residence at Vijaypurwhen he was playing with a petbelonging to one of the neigh-bours near Sabzi Mandi.

After hearing AdvocateSheikh Shakeel Ahmed withAdvocate Sheikh Najeeb Ashrafappearing for the petitioner andAdditional Advocate GeneralWasim Sadiq Nargal appearingfor Home Department andMonika Kohli, Retainer Counselfor CBI, Justice Kotwalobserved, "the Court on October15, 2015 while taking note ofthe failure on the part of theState to fulfill constitutional andlegal obligation in tracing outthe missing boy and as a stepprior to transferring the investi-gation to the CBI, had directedthe Director General of Police toconstitute a SpecialInvestigation Team (SIT) com-prising of the Superintendent ofPolice, Sub-District Police

Officer and concerned StationHouse Officer to be supervisedby Inspector General of Police,Jammu".

The SIT was, therefore, con-stituted with SSP Samba, SDPOVijaypur and SHO PoliceStation Vijaypur as its membersbut the boy has not been tracedtill date and the poor petitioneris still pinning hope in the realmof despair, Justice Kotwal fur-ther observed, adding "the courton January 14, 2016 had direct-ed Commissioner/SecretaryHome and Director General ofPolice to file their response inaffidavit(s) of authorized offi-cers as to why investigation benot transferred to CBI and pur-suant to this direction the IGPJammu filed a comprehensiveaffidavit giving a detailedaccount of the efforts made bythe Police in tracing the missingboy".

"The IGP has concluded thatwhatever could be done underthe circumstances has been doneand is being done by the Police",the High Court said, adding "theaffidavit filed on behalf ofSecretary Home is on the similarline too".

After considering the affi-davits filed by Deputy

Secretary Home and IGP,Justice Kotwal observed, "whatis thus clear is that inspite of itsbest efforts the State Police hasbeen unable to trace the miss-ing boy. Whether the policecould have done better thanwhat has been done may not bethat important, but it can besaid that a fruitless effort cansatisfy neither the family of themissing boy nor the public ingeneral", adding "State has theconstitutional duty to protectthe life and human rights of itscitizens and inability in thisregard cannot justify a serioussituation like this".

"If the State Police has beenunable to achieve the desiredobject there cannot be any rec-onciliation with the situationand another agency must comeforward to contribute its might.Such a course is required toinstall the confidence of thepublic in the Government andthe law enforcing agencies ofthe State and to do complete jus-tice to the victim and his fami-ly", High Court further said.

With these observations,Justice Janak Raj Kotwal dis-posed of the petition filed andtransferred the investigation ofthe case to the CBI.