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HC warns SIT if it failed to conclude probe into man's disappearance within 7 weeks
9/15/2015 11:24:23 PM
Early Times Report

Srinagar, Sept 15: The state high court has warned Special Investigation Team of action if it failed to conclude investigation into the alleged custodial disappearance of a man from Rawalpora Srinagar in 2002.
"Last opportunity of seven weeks is granted to the SIT to conclude the investigation. The investigation is expected to show utmost urgency and seriousness in concluding the investigation. Failure on its part will be viewed seriously and action, as prescribed by law, will be taken against the investigation agency," a single bench of court comprising Justice Muzaffar Hussain Attar said while hearing a petition filed by Mst Jana, wife of Manzoor Ahmad Dar, who disappeared from his residence in 2002.
"In terms of order of the Supreme Court, it has become easier for the investigating agency to interrogate Brigadier Kishore Malhotra as he is under obligation to cooperate with them," the court observed and directed the SIT to ensure that the army officer participates and cooperates in the investigation.
The court said for last thirteen years, justice has not been meted out to Jana which solely due to failure of the SIT to conclude the investigation.
"It is the constitutional obligation of this Court to ensure that justice is meted out to the petitioner," the court said directed the SIT to file latest status report of its investigation.
After all efforts to trace her husband failed approached, Jana 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 RPC P/S 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 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.(JNF)
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