(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Sahil Sharma & Ors. ______________________________ Petitioner(s)
v.
Union of India & Ors. ____________________________ Respondent(s)
Writ Petition(s) (Criminal) No(s). 120/2018, decided on July 2, 2018
[I.A. No. 72738/2018 – Appropriate Orders/Directions I.A. No. 72737/2018 – Exemption from filing O.T.]
The Order of the court was delivered by
Order
1. Heard Mr. Ravi Sharma, learned counsel for the petitioners; Mr. Gopal Subramanium, learned senior counsel for the State of Jammu & Kashmir and Mr. P.S. Narasimha, learned Additional Solicitor General for Union of India.
2. It is submitted by Mr. Subramanium that the petitioners who are three in number are treated as witnesses and they have already been examined and the investigation had never thought of implicating them as accused persons.
3. At this juncture, learned counsel for the petitioner would contend that he has made allegations of torture by the investigating agency.
4. On a perusal of the prayer clause, it is perceptible that the petitioners have prayed for directing an enquiry against the authorities for the torture and the sufferings that have been meted out to them. The said factum has been disputed by learned senior counsel appearing on behalf of the State and an affidavit to that extent has been filed.
5. In view of the aforesaid, we think it appropriate to grant liberty to the petitioners to move the concerned High Court for redressal of the grievances by taking recourse to appropriate remedy. However, grant of liberty should not be construed as an expression of any kind of doubt with regard to the investigation process. We do not intend to say any more on this score.
6. The writ petition is accordingly disposed of.
7. Pending applications, if any, are deemed to have been disposed of.
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