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HC seeks status of investigation into disappearance of man in 2002
8/6/2015 11:26:39 PM
Early Times Report

Srinagar, Aug 6: The state high court has directed a special investigation team of police to file status report of investigation into the custodial disappearance of a man from Rawalpora here in 2002.
As the case came up for hearing, Additional Advocate General B A Dar submitted that efforts are on to seek particulars of Major Kishore Malhotra and other personnel of 35 RR, allegedly involved in the disappearance of the man, Mansoor Ahmad Dar.
He further submitted that in order to ascertain the whereabouts of the Major and the personnel, a team of officers is scheduled to visit the concerned Army Division and for that some time may be granted.
"List in the week commencing from 24th August, 2015. Meanwhile latest Status Report of investigation of the case," a single bench of the court comprising Justice M H Attar said.
"It is hoped that the Investigating Agency will take all steps, in accordance with law, to bring the investigation to its conclusion and ensure that justice is meted out to the complainant," the court added.
The court was hearing a petition filed by one Mst Jana, a woman whose husband namely Manzoor Ahmad Dar was picked up alleged by soldiers of 35 Rashtriya Riffles during intervening night of 18/19th January 2002 from his residential house at Rawalpora, Srinagar and disappeared in custody.
After all efforts to trace her husband failed, she approached high court way back in 2002 with the writ petition. The occurrence led to registration of case FIR No. 33/2002 under section 364 P/5 Sadar, Srinagar.
The Chief Judicial Magistrate Budgam also conducted the inquiry and indicted the RR for apprehending Manzoor on that night. The High Court subsequently directed the Station House Officer Police Station Sadder 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 Colonel Kishore Malhotra then posted at Old Airport Srinagar had the 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.
Following it 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 Colonel denied all the allegations and said he came to know about the incident only after the road was blocked by locals against Manzoor's abduction. He said he has no other knowledge about his arrest.
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