Rising Kashmir, Daily Newspaper, Srinagar Jammu and Kashmir - Report indicts 13 for fabricating evidence
Ishfaq Tantry
Srinagar, Dec 14: The premier investigating agency, the Central Bureau of Investigation (CBI), which filed its report before the High Court Monday, has chargesheeted 13 persons in the Shopian case, involving the alleged rape and murder of two women, Asiya and Neelofer.
The thirteen persons chargesheet before CJM Srinagar include six doctors, five lawyers from Shopian, including Shopian Bar president, and two civilians. Interestingly, the agency has brought no charges against the four cops who were earlier arrested by the Special Investigation Team (SIT) on July 15.
The CBI, which took over the investigation from the SIT on September 17 into the alleged Shopian rape and murder case, has now finalized its investigation, terming the Shopian case as a case of drowning. Talking to the mediapersons, CBI counsel Anil Bhan, advocate, who earlier represented the agency in the court, told Rising Kashmir: The CBI has finalized its investigation. It is a case of drowning. It is neither a case of rape nor murder. The CBI has chargesheeted 13 persons for fabrication of the evidence, adding the chargesheet was presented before the CJM Srinagar on December 10 by the CBI.
Earlier, talking to the mediapersons, CBI chief investigating officer Sanjay said,
We have charged 13 persons, which include six doctors, five lawyers and two civilians.
When asked why CBI filed its chargesheet in Srinagar and not Shopian, he said, CJM Srinagar is the notified court for the CBI cases in Kashmir Valley, that is why we filed the chargesheet in CJM Court Srinagar.
The 13 persons chargesheeted by the CBI include Dr Nighat Shaheen, Dr Ghulam Qadir Sofi, Dr Mohd Maqbool Mir, Dr Ghulam Mohammad Paul, Dr Bilal Ahmad Dalal, Dr Nazia Hassan, advocates Dr Abdul Majid Mir (Shopian Bar president), Mushtaq Ahmad Gattoo (Public prosecutor), Mohd Yousuf Bhat, Mohd Altaf, Sheikh Mubarak, besides Ali Mohammad Sheikh (civilian) and Zahoor Ahmad Ahanger (Shakeel's brother).
In the 66-page chargesheet prepared by the CBI, it has been submitted as regards the findings of the exhumation carried out by the AIIMS doctors on September 28,
After examining the aforesaid samples, the Board of Directors of AIIMS, New Delhi forwarded their opinion, including the findings of the CFSL, New Delhi vide their opinion No. CL.For.Med.22/2009 dated 15.11.2009 which is as under....
The charge sheet further reads, In view of the above findings, we are of the considered opinion that the cause of death in the case of Asiya was due to asphyxia, as a result of ante-mortem drowning. The lacerated wound on the forehead could be produced by blunt force/striking head against the hard surface and was not sufficient to cause death in ordinary course of nature. There was nothing suggestive of penetration of penis or like object through the hymen opening as the hymen was found intact.
Drawing their conclusion in case of Neelofer, the Board adds, in view of the findings, we are of the considered opinion that the cause of death in this case was due to asphyxia as a result of ante-mortem drowning. There were no external ante-mortem injuries on the body.
In section 16.16.13.6, the charge sheet, while giving clean chit to the police officers, adds: The call detail records of the mobile phones used by the suspected police officers were checked and verified from all angles but nothing adverse was found. Hence the investigation has revealed that the four arrested police officers were not involved in any manner with this incident.
The charge sheet adds, the investigation has revealed that the six doctors mentioned such false facts in their different post-mortem reports which supported the theory of rape and murder of the deceased ladies, whereas it has been conclusively proved by the findings of the AIIMS/CFSL that the deceased ladies had died due to ante-mortem drowning, besides these being no evidence to support any attempt to rape."
The charge sheet adds, similarly, the five accused advocates induced, assaulted and threatened the witnesses to make false statements implicating the police, troops in a false case of rape and murder of the two deceased in order to defame, discredit and cause injury to the personnel of the police/security forces and get them wrongfully convicted for capital offence.
Further, the charge sheet adds: "Thus the accused have committed offences under section 120-B, 167, 193, 194, 195 A RPC and substantive offences under section 167, 193, 194 and 195 A RPC. It is therefore prayed that the accused persons named above may be summoned and tried according to the law.