THE BURNING KASHMEER

Shopian Rapes And Murders: Shakeel Seeks Fresh Enquiry

By Syed Basharat

29 June, 2010
Kashmir Times

SRINAGAR, June 28: Disappointed and disillusioned with the results of investigations carried by different agencies so far, Shakeel Ahmad Ahangar husband of Neelofar and brother of Asiya Jan today filed a protesting petition before a city court here seeking fresh enquiry into Shopian rape and murder incident.

In his petition filed through his counsel Syed Reyaz Hussain, before the court of Chief Judicial Magistrate (CJM) Srinagar, Ahangar has submitted that glaring contradictions appear in the investigations of the case by police’s Special investigation Team (SIT), state appointed Jan Commission and the Central Bureau of Investigations (CBI).
Ahangar has said that he had extended full cooperation to all the three investigations agencies in order to conduct the enquiry to ascertain the facts of the incident which claimed the life and honour of his wife and the younger sister.

Referring to various ‘loopholes’, Ahangar has submitted that it was the SIT headed by top rank police officers, which concluded its investigations into Shopian incident saying that the two women were raped and murdered and then only, the police registered a case under section 302 (murder), 376 (rape) R.P.C. “…the CBI investigations on other side are ‘not conclusive and final’ and as such the intervention of court is required,” the petition reads.

The petitioner has also challenged the diatom test conducted by the CBI on the basis of which the investigating agency had concluded that the two women Neelofar and Asiya died to drowning.

“CBI has analysed the heart tissues of Neelofar Jan from Forensic Science Laboratory Madhuban whereas no heart tissues of Neelofar Jan have been collected during autopsy,” the petitioner has prayed, while referring to various documentary evidences submitted by the CBI in its charge sheet.

Challenging the CBI version in which it has excluded the allegation of rape citing absence of semen, spermatozoa Ahangar has referred Supreme Court ruling that in absence of semen and spermatozoa the intercourse or rape can be held to be performed.

Beside’s the petitioner has submitted that the CBI did not include the doctors from Government Medical College Srinagar in autopsy of the two ladies as was directed by the High Court which brings a ‘dent’ into the investigations conducted by the CBI. The petitioner has referred various reports published by the Kashmir Times, regarding the Shopian incident.

However, as the petition was filed, CBI’s senior prosecutor S. K Bhat prayed before the court that fresh petition filed by Ahangar was not maintainable. “Ahangar has no locus standi to file fresh petition as he was not the complainant who approached the CBI. The case has been handed over to CBI by the state government so if the government is not satisfied with the investigations that is something different,” Bhat prayed.

Besides, he added that since the CBI has filed the charge sheet before the designated court, it was the sole prerogative of the High Court to pin point whether the investigations have been complete or not.

Bhat said that the case is sub judice before the High Court which is seized of the matter and the private advocate cannot supersede the designated public prosecutor of the state or CBI.

But Advocate Reyaz Hussain, counsel for Ahangar submitted before the court that Bhat should not object to the petition verbally and if he has some objections, he should put the same in writing and submit before the court.

Meanwhile, the CBI today filed supplementary charge sheet in the Shopian double death case. The supplementary charge sheet, according to S. K Bhat, senior prosecutor CBI, has further concretised the evidence against the accused doctors and lawyers in the matter.

The CBI in its supplementary charge sheet has said that since 1999 up to 2010 there have been 23 deaths due to drowning in Rambiarah Nallah which according to CBI substantiates its findings that there is heavy volume of water flowing through the Nallah, which according to it has caused the drowning of two Shopian women.

Further, according to Bhat, the supplementary charge sheet has completely exonerated CRPF and the police from their involvement in the incident. “No evidence was found against CRPF and the police officers. SIT’s relevant statements have also been submitted along with the supplementary charge sheet,” Bhat told Kashmir Times, adding that with the supplementary charge sheet the CBI has formally concluded its investigations into the incident.

The 13 accused include Dr Nighat Shaheen, Dr Ghulam Qadir Sofi, Dr Mohammad maqbool Mir, Dr Ghulam Mohammad Paul, Dr Bilal Ahmad Dalal, Dr Nazi Hassan Advocate Abdul Majid Mir, Advocate Mushtaq Ahmad Gatoo, Advocate Mohammad Yousf Bhat, Advocate Mohammad Altaf Mohand, Advocate Sheikh Mubarak, Ali Mohammad Sheikh and Zahoor Ahmad Ahangar (brother of Asiya Jan).

All of them have been accused of inducing and threatening the witnesses ‘to give this incident the colour of rape and murder and implicate the police/security forces in a false case of rape and murder of the two deceased ladies in order to defame, discredit and cause injury to the personnel of the police/security forces.’