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| Rawalpora disappearance case: HC seeks particulars of prosecution communication | | | Early Times Report
Srinagar, Dec 2: The J&K High Court today directed government to furnish particulars of a communication submitted by Special Investigation Team (SIT) to competent authority for accord of prosecution of Brigadier, Kishore Malhotra, allegedly involved in disappearance of a chemist at Rawalpora here in 2002.
"Let particulars of the Communication whereby the case file has been submitted to the competent authority for accord of sanction be furnished on next date of hearing, so that the court is in a position to find out the fate of the Communication and decision taken by the competent authority,' a single bench of the court comprising Justice Hasnain Massodi ordered and posted the for next hearing on December 10.
The SIT concluded its investigation into the alleged disappearance of the chemist, Manzoor Ahmad Dar last week and submitted that Section 302 (murder) and 201 (causing destruction of evidence) have been invoked against the Brigadier. The SIT had already established case under 364 in connection with Dar's disappearance during the night of January 18/19, 2002.
"Since the offence under section 364 (abduction) RPC was established against the accused, Kishore Malhotra, and efforts were put forth to trace out the abducted person, but no clue could be struck out, SIT reported.
"The custodial disappearance has occurred nearly about 14 years ago which clearly indicates that the disappeared person could have died in custody of (35RR). 302 RPC is invoked," the SIT said in the status report filed before the high court.
Upon the direction apex court and the J&K high court, Malhotra appeared before the SIT on four consecutive days from October 6/9 this year and was interrogated.
During the course of legal fight started to trace her husband, Jana had approached High Court way back in 2002 with the writ petition and Chief Judicial Magistrate Budgam also conducted the inquiry which 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 364 RPC. During the investigation the statements of the petitioner and her daughter Bilquees were recorded who said that then Major Kishore Malhotra then posted at Old Airport Srinagar had the knowledge of the circumstances related Dar's abduction." |
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