This is in total contrast to the government’s initial stance that the two victims had died of drowning, and comes in the wake of the judicial commission investigating the crime submitting its final report, which, however, does not pinpoint the guilty.The commission had recommended the prosecution of the four police officers, including the then superintendent of police in Shopian, who are already under suspension, for destruction of evidence.
State finance minister, Abdul Rahim Rathar, changed his government’s earlier stand and told a press conference in Srinagar today that a judicial probe had implicated the state police in the murders.
The four suspended police officers in connection with the case will be treated as accused and interrogated by the Special Investigating Team set up by the state government, he said..
Accepting the recommendations of the Justice (retd) Muzaffar Jan commission of inquiry, the state government also announced that a separate case would be registered against the former SP of Shopian Javed Iqbal for allegedly lying on oath before the Commission. Besides Iqbal, the one-member Commission said DySP Rohit Baskota, SHO Shafiq Ahmed and Sub-inspector Gazi Abdul Rehman were also responsible for destruction of evidence.
Rathar said a complaint had been filed against four police officials for destruction of evidence in the deaths. The state government urged people in the state to remain calm and assured them those found guilty of the murders won’t be spared.
Rather said on 30.05.2009, the dead bodies of Neelofar Jan aged 22 years and her sister in law Asiya Jan aged 17 years who had been reported missing the previous day, were recovered from the Ranbi Ara Nallah in Shopian.
Given the general public dissatisfaction with the manner in which the investigation into the deaths was being carried out, the Government had set up a Commission of Inquiry headed by the Justice (Retd) Muzaffar Jan under the J&K Commission of Inquiry Act, 1962 to inquire into the causes and circumstances of the deaths of the two women with the following terms of reference
i. enquire into the causes and circumstances which led to the death of Neelofar Jan and Miss Asiya Jan on the intervening night of 29th and 30th of May, 2009 at Bongam, Shopian and recovery of their dead bodies from Ranbi Ara Nallah, Shopian;
ii. ascertain whether there has been any foul play in their death and if so, identify the person/persons responsible;
iii. recommend action as deemed necessary against the person/persons found involved/responsible;
iv. suggest remedial measures, as may be necessary, to ensure that such incidents do not occur in the future; and
v. ascertain whether there was any failure on the part of any Department in the government in the conduct of an investigation or handling of the post incident situation.
He said the Commission submitted its Interim Report on 20.06.2009. Subsequently, a ten day extension up to 10.07.2009 was given to the Commission for the submission of its report. The Commission has now submitted its final report on 07.07.2009. The Government has accepted the recommendations of the Commission and necessary follow up action on these recommendations has been duly initiated.
The Law Minister said in terms of the recommendations of the Commission, Javed Iqbal Matoo, SP, Rohit Baskotra, Dy SP, Shafiq Ahmad, Inspector, Gazi Abdul Karim, SI, and Javed Iqbal Hafiz, Scientific Officer, FSL have been placed under suspension and disciplinary action has been initiated against them. Disciplinary action has also been initiated against Dr. Bilal Ahmad and Dr. Nighat Shaheen, as recommended by the Commission.
Rather said the Hon’ble High Court of Jammu and Kashmir has also issued the following directions regarding the investigation of the case:-
1. Investigation team to conduct the investigation under the overall supervision of Farooq Ahmad, IPS, Inspector General of Police, CID, J&K, Srinagar;
2. Raouf-UI-Hassan, DIG, Armed Police, Kashmir to be included in the Special investigation Team (SIT);
3. Farooq Ahmad, IGP. CID appointed as an Enquiry Officer in relation to contemplated disciplinary proceedings against the suspended Police Officers to be replaced by some other Officer who wil1 conduct the enquiry;
4. Report from the Forensic Science Laboratory, Delhi be expedited;
5. Special Investigation Team to prepare a list of those persons who were present in the vicinity of the locality on May 29, 2009 from where the dead bodies were recovered on May 30, 2009. What should be the extent of the vicinity, shall be determined by the Special Investigation Team. Once the vicinity is demarcated, they shall prepare a list and include therein the name of every such person whether civilian, whether members of Armed Forces, .Police Force, Special Operation Group or nomads to help the investigation. All the authorities and civilians were also directed to co-operate with the Special Investigation Team;
6. Special Investigation Team to find out the members of CRPF, Police Department and other Paramilitary Forces who were present in their barracks or within the establishment of the Police Department and prepare a sketch of the locality from where the dead bodies were recovered;
7. Suspended Police personnel shall be interrogated by the Special Investigation Team and if necessary followed by Narco analysis test, permission for which is granted;
8. Two gentlemen whose statement have been recorded under section I64-A of Cr.P.C stating therein that around 8:00 PM on May 29, 2009 they saw a blue coloured 407-TATA Police vehicle near the bridge in proximity of the place from where one of the dead bodies was recovered and they heard cries in female voice to be interrogated and if necessary Narco analysis test of these gentlemen be conducted, permission for which is granted;
9. Hair and blood stain samples seized by the Special Investigation Team during the investigation to be sent for DNA test along with the blood sample of one of the victims for matching the same;
I0. Nomads who were camping in close vicinity of the place from where one of the dead bodies was recovered to be searched and to draw up an appropriate picture of those nomads and to circulate the same so as to locate them;
11. Fresh post-mortem of the dead bodies to be conducted. The bodies be exhumed after proper permission from the family members of the deceased. The post-mortem to be conducted by a team of Doctors to be nominated by the Principal, Government Medical College, Srinagar; and
12. Mobile calls to be traced and a direction is issued to the Mobile service providers to extend full co-operation to the Special Investigation Team in locating the calls.
Mr. Rather said the aforesaid directions are being implemented by the Government in letter and spirit. He said the Commission finally submitted its report on 7.7.2009 with the following findings:-
"The Commission, being aware of its delicate duty to uphold the majesty of law, has also a duty to identify the person or persons, who may, under law, be responsible for the present ruthless crime.
To identify the real culprit, extensive investigation, by a competent and dedicated team of professional investigators, with all modern facilities, is required. However, the intensive investigation is bound to take some more time. The Commission with lime constraint of a few days more, and limitations to confine its report to the specific points under reference, thereby restricting the jurisdiction of the investigation, the Commission cannot undertake detailed investigation, which may require raids, search, arrest, detention for sustained. Interrogation of number of persons suspected of the commission of the crime.
Although conclusive evidence to identify the culprit, has not been furnished before the Commission because of unfortunate obstructions caused by local residents and large section of society, encouraged by some dissenting elements, in the working of the Commission, yet there is material on the file to hold, that the involvement of some agency of the J&K Police, in the present incident, cannot be completely ruled out."
Rather said in pursuance of the findings/recommendations of the Commission, the Government has decided that the four Police personnel, already under suspension, are to be arrayed as accused in the FIR. No. 112/09 dated 6.6.2009 registered with the Police Station Shopian insofar as their role in the destruction, dissipation and suppression of evidence is concerned. He said a case will also be registered against Shri Javed Iqbal Matoo, the then SP for giving false' evidence before the Commission. The SIT will conduct further investigations in the case in accordance with the law and in terms of the directions of the Hon'ble High Court of Jammu and Kashmir.
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