|TADA Court frames charges against Yaseen Malik, 9 others|
|Rubiya Syeed kidnapping case|
|EARLY TIMES REPORT|
JAMMU, Jan 11 : After registration of 30 years of FIR in Rubiya Syed Kidnapping case, Special Judge TADA Jammu Sunit Gupta today order of framing charges against Yasin Malik JKLF Supremo, Ali Mohd Mir, Mohd. Zaman Mir, Iqbal Ahmad Gandroo, Javed Ahmad Mir, Mohd. Rafiq Pahloo @ Nana Ji @ Saleem, Manzoor Ahmed Sofi, Wajahat Bashir, Mehraj-ud-Din Sheikh and Showkat Ahmad Bakshi son of Ghulam Mohd Bakshi.
According to the CBI case that in the first week of December 1989, the accused persons in the present charge sheet entered into a criminal conspiracy to kidnap and wrongfully confine Dr Rubia Sayeed, who at the relevant time was undergoing resident rotatory internship training in Lal Ded Hospital Srinagar, with an ulterior motive of getting release of their five associates lodged at that time in different jails in exchange of her release.
Court after hearing Public Prosecutor CBI Vijay Kumar Dogra whereas Sr. Adv MA Goni and Adv Yogesh Bakshi for the accused persons observed that the during the pendency of this charge sheet before this court, the accused persons 4 & 5 reflected in column 2 of the charge sheet namely Javed Ahmed Mir @ Nalka and Nanaji @ Salim @ Rafi Pahloo were apprehended and put them to trial before this court. Rest of the accused persons reflected in column 2 of the charge sheet namely Halima, Javed Iqbal Mir, Mohd. Yaqub Pandit, Riyaz Ahmed Bhat, Khursheed Ahmed Dar, Basharat Rehman Noori @ Amjad, Tariq Ashraf, Shafat Ahmed Shangloo, Manzoor Ahmed @ Mona @ Manzoor Islam, Gulam Mohd.Taploo, Abdul Majeed Bhat, Nissar Ahmed Bhat were remained absconded and ultimately proceeded under section 512 Cr.P.C vide court order dated 17-09-1991. During the pendency of the present charge sheet, two of the accused persons namely Mohd Rafiq Dar @ Kukka @ Gulam Hassan and Mushtaq Ahmed Lone died and as such the proceeding against the aforesaid accused persons were abated. Now the accused persons who are at present facing trial in the present case are Yasin Malik, Ali Mohd. Mir, Mohd. Zaman Mir, Iqbal Ahmed Gandroo, Javed Ahmed Mir, Rafiq Pahloo @ Nanaji@ Saleem, Manzoor Ahmed Sofi, Wajahat Bashir, Mehraj-u-Din Sheikh and Shoukat Ahmed Bakshi .
Court observed that from the confessional statements of the aforesaid accused persons recorded, either under section 164 CrPC, or under section 15 of TADA Act, supported with the statements of the abductee Dr Rubia Sayeed and other prosecution witnesses, it has been prima facie proved that the aforesaid accused persons have hatched a criminal conspiracy to kidnap the Abductee with sole objective to get their persons released from the custody after having negotiation with the Govt of J&K, as well as Govt of India and the accused persons had also succeeded in their nefarious designs and got their persons released from the custody.
Court after hearing both the sides in length observed that Court is of the considered view that sufficient grounds are existing for drawing prima facie presumption that the accused persons namely Yasin Malik , Ali Mohd. Mir, Iqbal Ahmed Gandroo, Manzoor Ahmed Sofi ,Mehraj-u-Din Sheikh & Rafiq Ahmed Pahloo @ Nanaji @ Salim have committed offences under sections 364/368 /120-B RPC, 3/4 TADA Act & 27 IA Act, whereas, the accused persons namely Mohd Zaman Mir, Javed Ahmed Mir @ Nalka, Wajahat Bashir, Shoukat Ahmed Bakshi have committed offences under Sections 120-B read with Sections 368 RPC and Section 3/4 of TADA Act.
Hence, charges are required to be framed against each of the aforesaid accused persons, separately, for the afore delineated offences. (JNF)