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Rawalpora Missing Case: HC seeks Centre's reply over impleadment
4/1/2016 11:08:36 PM
Early Times Report
Srinagar, Apr 1: J&K High Court today issued a notice to Union of India seeking its objection to a plea for impleadment in case regarding alleged disappeared of a chemist, Manzoor Ahmad Dar, from Rawalpora residence in 2002.
While hearing the petition filed by the chemist's wife, Mst Jana, a single bench of the court comprising Justice Tashi Rabstan directed the Union Government to file the reply within two weeks.
The court also directed state government to file the latest status about the sanction of prosecution of Army's Brigadier Kishore Malhotra, the main accused in the chemist's disappearance during the night of January 18-19, 2002. Jana seeks impleadment through secretary to government Ministry of Home and Secretary Ministry of Defence, New Delhi.
Petitioner has submitted that in November 2015, a Special Investigation Team (SIT) of police concluded its investigation into the alleged disappearance Dar and informed 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 and 19, 2002, it added.
After all efforts to trace her husband failed, Jana had approached high court way back in 2002 with the writ petition. 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 364 RPC. "During the investigation the statements of the petitioner and her daughter Bilquees were recorded. "The duo revealed that then Major Kishore Malhotra then posted at Old Airport Srinagar had the knowledge of the circumstances related Dar's abduction."
During the trial following the direction Apex Court and the J&K High Court, Malhotra appeared before the SIT on four consecutive days fromOctober 6 to 9 last year and was interrogated.
"During the custodial questioning, he did not admitted the custody of the victim and nor led to recovery of abducted person which clearly indicates that the accused could have disposed off the body and also offence 201 RPC is invoked," the court was informed.
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