Suspended cops involved : Govt


Athar Parvaiz

Srinagar, July 10: Releasing the final report of the Commission of Inquiry into the Shopian rape and double murder case, government today said that it has accepted the findings and recommendations of the commission and added that it has decided to make the four police personnel - who have already been put under suspension in connection with the rape and murder case - accused. The government further said that the directions of the high court in this connection would also be implemented in letter and spirit.

Stating that despite the lack of conclusive evidence before the commission "because of the unfortunate obstructions in the working of the commission," Justice Jan Commission has observed in its findings that the involvement of some agency of the J & K police in the present incident cannot be completely ruled out. The Commission has recommended that extensive investigation by a competent and dedicated team of professional investigators, with all modern facilities is required to identify the real culprit

While releasing the report during a press conference here today, Finance, Law and Parliamentary Affairs minister Abdul Rahim Rather announced his government's decision: "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. 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 & Kashmir."

Asserting that the Special Investigation Team (SIT) would carry out further investigation in accordance with the recommendations of Jan Commission and High Court directions, Rather said that government will take stern action against those who would be found involved in the Shopian rape and double murder case. The government had constituted the Commission of Inquiry into the case following widespread agitation against the Shopian rape and double murder. The Commission was supposed to carry out investigations under five points of reference which included enquiring into the causes and circumstances which led to the death of the two victims Asiya and Neelofar; ascertaining whether there was any foul play in their death and if so, identify the person/persons responsible; recommend action as deemed necessary; suggest remedial measures so that such indents do not occur in future; ascertain whether there was any failure on the part of any department in the government in conducting investigations or handling the post-incident situation.

The Commission submitted its interim report on June, 20 and was later given a 10-day extension to submit its final report which it was supposed to file in one month. Rather said that the extension had to be given to the Commission "since it could not conduct investigations due to the initial disruptions." He added that the commission submitted the final report on July 7 to the government. The Finance minister stated that the NC-led coalition government has decided to implement the findings and recommendations of the Jan Commission and the directions of the high court, which it has issued in a recent hearing, in connection with the Shopian rape and double murder.
The Court directions include:

1. Investigation team to conduct the investigation under the overall supervision of Shri Farooq Ahmad, IPS, Inspector General of Police, CID, J&K, Srinagar;

2. Shri Raouf-UI-Hassan, DIG, Armed Police, Kashmir to be included in the Special Investigation Team (SIT);

3. Shri. 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 phone 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.

Findings of the Jan Commission :
Considering the overall facts and attendant circumstances of the present incident, it appears that the deliberate inaction of police left unexplained, is not a bonafide omission, caused by an error of judgment, or a genuinely wrong interpretation of statute, or a mistaken notion of procedure, but seems to be a deliberate attempt to dilute and mellow down this incident.

Weighing the pros and cons of the consistent connivance, in the initial stage of investigation, by the investigating agency, and the subsequent cover up and manoeuvring by the local police, showing no seriousness in the incident, leads to the irresistible inference that the police had more to hide than to reveal. The only aspect that has to be considered is, why the police should try to cover up facts from the public gaze, was it because of incompetence, or indifference or out of fear of public exposure.

In the statements of all police witnesses, it is admitted that they were aware of the procedure to protect the evidence. It cannot by any stretch of imagination be held that all officers were, incompetent or ignorant of law, and in any case ignorance of law is no excuse. The police concerned do not appear to be indifferent.

All the officers of the department stood by the theory of death by drowning with full knowledge, and belief that no one in the recent, or past history of Shopian has died due to drowning in River Rambi Ara. The official statement of drowning does not convey the mindset of indifference, but depicts an active, intelligent and conscious effort to divert the attention of public from the actual and factual cause of death.
The dead bodies of both Neelofar and Asiya were deposited at two spots in the river Rambi Ara, which area is by day and night watched by security guards of police and CRPF. It does not appeal to reason that an individual civilian would, on his own, take a grave risk of detection, by carrying the dead bodies in the early hours of the morning of 30th May, 2009 between 2.30am to 5.30am, with full knowledge that his suspicious movements at odd hours would attract the attention of security guards posted in the area, unless the person would be sure of connivance from the watchful vision of the guards.

In the normal course of human conduct, any person intending to get rid of two dead bodies in a hurry, would attempt to deposit the dead bodies at the nearest available spot, the person would normally leave sufficient trails to trace the culprit.

In the present case, the disposal of dead bodies in the centre of security ring, with mathematical precision and like surgical operation to ensure that no visible trails are left, cannot be said to be the handiwork of a private individual but would need the support of some agency.
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. The intensive investigation is bound to take some more time. The Commission with time constraint of a few days more, and limitations to confine its report to the 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 certain dissenting political parties in the working of the Commission, yet there is material on the file to hold, that the involvement of some agency of J&K police, in the present incident, cannot be completely ruled out.

Jan Commission Report points out:

* The official statement of drowning does not convey the mindset of indifference, but depicts an active, intelligent and conscious effort to divert the attention of public from the actual and factual cause of death.

* In the present case, the disposal of dead bodies in the centre of security ring, with mathematical precision and like surgical operation to ensure that no visible trails are left, cannot be said to be the handiwork of a private individual but would need the support of some agency.

* There is material on the file to hold, that the involvement of some agency of J&K police, in the present incident, cannot be completely ruled out.

[Kashmir Times]


Posted on 11 Jul 2009 by Webmaster