Srinagar, 07 November 2012: In Srinagar, the High Court has directed a Special Investigation Team of police to conclude within three months the probe into the 2002 disappearance of a civilian by Indian Army’s Rashtriya Rifles. Manzoor Ahmad Dar was arrested from his home in Rawalpora in Srinagar by Indian army in January 2002.
Allowing the request by Inspector General of Police (Kashmir range) that the SIT may be granted three months time to conclude the investigation, a single bench of the court presided by Justice Hasnain Massodi made it clear that no further time will be granted to the SIT personnel and it shall complete its probe by or before January 31, 2013.
Earlier in compliance to the directions by the court last month, the IGP filed the personal affidavit, “categorically” stating that three months were required to conclude the investigation either by filling the charge sheet against the accused or the closure report before the appropriate court.
The bench was hearing a petition by Mst Jana, wife of Manzoor Ahmad Dar, seeking whereabouts of her husband. Manzoor Ahmad Dar was arrested from his home in Rawalpora in Srinagar by Indian army in January 2002.
Jana’s charges against the Indian army have been corroborated by an inquiry conducted by Chief Judicial Magistrate Budgam, says an earlier order by the High Court on May 28, 2010.
Subsequent to the inquiry by CJM, the High Court had directed Station House Office of PS Sadder Nowgam here, to conduct the investigation expeditiously.
During the course of investigation, the police recorded statements of various witnesses including Jana and her daughter Bilquees. Both of them, the court observed, have revealed that a Colonel of Army’s 35 Rashtriya Rifles, Kishore Malhotra, who was then deployed at Old Airport Srinagar, has the knowledge of the circumstances regarding Dar’s abduction.
Later, the police officer SHO approached the court for directions seeking presence of Col Kishore. The court passed various directions to the Indian Army to reveal the present posting of the accused Colonel besides directing him to appear before the investigating officer for investigation.
Instead, the Army filed an appeal against the orders by the High Court in Supreme Court of India. The apex court, however, turned down Army’s appeal and maintained directions by the High Court.
According to the order dated May 28, 2010, the court had observed that instead of interrogating the Colonel, police gave a questionnaire to him and he responded. After going through case diaries filed by the police, the court observed that the investigating officer was not properly conducting the investigation and directed re-examining and interrogation of the Colonel, if required, to final conclusion.
Finally, the court passed another order on February 23 this year and observed that the investigation officer undertakes to secure presence of Col Malhotra within ten days and later present charge sheet before the competent court in five days.
When the case come for hearing on April 3, the court was informed by the police that a sub-inspector was send to Indian city Pune on March 9 to execute an arrest warrant against Col Malhotra by a Judicial Magistrate.
However, Col Malhotra was not found to be posted there and the sub-inspector returned home, the court said.
As a follow-up, SSP Srinagar addressed a letter to General Officer Commanding, 15 Corps in Srinagar, requesting him to communicate present place of posting of Col Malhotra, the court observed. The police is waiting for the information.
“It is quite disturbing that without ascertaining the actual posting of the Colonel, sub-inspector was deputed to Indian state Maharashtra. Be that as it may be, the involved Colonel has got to be located so that a charge sheet is presented before the competent court,” the court had said.
Dar’s family comprises besides his wife, two daughters and two sons.
In his arguments, counsel for petitioner advocate Mian Abdul Qayoom stated that Indian intelligence agencies were intentionally delaying the investigation of the case to save the real accused.” Source Kashmir reader By Marouf Ahmad