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| HC asks police to arrest army Major in custodial disappearance case | | | Early Times Report
Srinagar, July 9: The state High Court has directed a special investigation team (SIT) of police to arrest an army Major in the case of custodial disappearance of a man from Rawalpora of Srinagar in 2002.
"The (SIT) directed to investigate the matter failed to realize that Manzoor Ahmad Dar has not been seen after he was picked up by Major Kishore Malhotra and other armed forces of 35 RR during intervening night of 18/19 January 2002 and has been allegedly subjected to custodial disappearance," said a single bench comprising Justice Hasnain Massodi. "Instead of approaching the authorities for prosecution of Major Malhotra for offence punishable under section 364 RPC, the (SIT) should have arrested the Major and subjected him to custodial interrogation and should have taken the investigation ahead to find out circumstances under which Dar was picked up and whether he was subjected to custodial disappearance," the court said.
"Against the above backdrop, (SIT) is directed to proceed with investigation, touching the aforementioned aspects of the case and submit the fresh status report by next date of hearing," the court said.
The court was hearing a petition filed by Dar's wife Jana. She had alleged that her husband was picked up by soldiers of 35 Rashtriya Rifles from their house at Rawalpora 13 years ago after which he was never seen. After all efforts to trace her husband failed, Jana approached the High Court with the writ petition. The Chief Judicial Magistrate Budgam had also conducted the inquiry and indicted the RR for apprehending Dar on that night.
The High Court subsequently directed the Station House Officer of Sadder police station to investigate the matter. The police registered an FIR (33/2002) under section 363/364 RPC. During the investigation the statements of the petitioner and her daughter Bilquees were recorded. "The duo revealed that the Major, now a Colonel, then posted at Old Airport Srinagar had knowledge of the circumstances related to Dar's abduction."
After the report was submitted the then SHO approached the High Court for directions to seek presence of Colonel Kishore. The court directed the army authorities to ask the Colonel to appear before the investigating officer. However, the army objected and took the matter to the Apex Court which upheld the directions of the High Court.
Subsequently, the Colonel appeared before the investigating officer. "But the investigating officer instead of interrogating him and questioning him in the light of the evidence gave him the questionnaire and the Colonel submitted his reply in the answer form," the court said.
The Colonel denied all the allegations and said he came to know about the incident only after the road was blocked by locals against Dar's abduction. He said he had no other knowledge about Dar's arrest and subsequent disappearance. |
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