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| Mir Mustafa’s killer gets 18 years term | | | Early Times Report
Jammu, Feb 11- In a much publicized case of kidnapping and killing of Mir Mustafa-ex MLA, Presiding Officer of Court under Terrorists and Disruptive Activities (Prevention) Act, today awarded 19 years rigorous imprisonment to accused Mohammed Maqbool Tantray, after 18 years and issued general arrest warrant of other accused Mohammed Rafiq Beigh u/s 512 Cr PC.
In his 61- page judgment the Presiding Officer, after hearing both the sides, observed that the prosecution witnesses did not identify the gunman or they deposed falsely out of fear of militancy. It cannot be lost sight that all these witnesses belong to Kashmir Province which at the time of their deposition was in grip of militancy and so it was, but natural for them, to be in fear for their personal safety and deposed accordingly. Hence the contention of the defence that witnesses had not identified the accused Mohammed Maqbool Tantray, to be one of the gunman, has no force and to be rejected. In view of the facts of the case and the evidence, accused Ghulam Mohammed Tantray is guilty of conspiracy with other accused in kidnapping Mir Mustafa a public figure to overawe the government has established by law and as also to strike terror in the people and is therefore convicted u/s 3(2) (II) TADA Act r/w section 364/120-B RPC.
Court referred various judgments regarding the confessional statement and said that in view of the facts of the case and looking to the voluntary nature of his confessional statement, accused Mohammed Maqbool Tantray is sentenced to rigorous imprisonment for a period of five years and fine Rs 1000 u/s 364 r/w section 120-B RPC, accused is further sentenced to rigorous imprisonment for a period of 14 years and to pay a fine of Rs 5000 u/s 3(2) (II). The court also ordered issuance of general arrest warrants of other accused Mohammed Rafiq Beigh u/s 512 Cr PC.
The court acquitted two other accused in this case while accused Mohammed Maqbool Tantray was charged for murder of Ex-MLA Mir Mustafa by strangulation. However, curiously, the investigating agency did not conduct the post-mortem of the dead-body to ascertain the cause of the death of deceased. Due to the lapse on part of Investigating Officer to hold the autopsy, no cause of death could be established especially when prosecution witnesses deposed that there was no mark of injury on the dead body of the deceased. Whereas accused Abdullah Bangroo then Chief Area Commander of Hizbul Mujahideen died during the pendency of the case and some other accused, who were mentioned in the charge-sheet, were already discharged, the court observed.
According to the CBI case, the Police Station Chadora had received information that Mir Mustafa Ex-MLA was kidnapped on March 23, 1990, while he was coming from village Qulturah in his vehicle, by unknown armed persons with the intention to kill him so as to spread terror. On March 25, 1990, the dead body of Mir Mustafa was recovered, upon which a case was registered by the CBI on April 9, 1990. During the investigation it came out that the responsibility for the murder of Ex-MLA Mir Mustafa was claimed by Chief Commander of JK Hizbul Mujahideen Group on the basis of note on the letter head of JK Hizbul Mujahideen found on the body of deceased Mustafa. It had come to light during investigation of the CBI that accused Mohammed Maqbool Tantray alias Aizaz, Nazir Ahmed Dar alias Arif, Rauf Rasool Bhat alias Yaseen and Abdul Rashid Dar alias Imran had received training in handling of arms and ammunitions in POK at the behest of Abdullah Bangroo. It has been further revealed that Abdullah Bangroo had given instructions to Tantray for the kidnapping of Mir Mustafa and when accused Tantray and Nazir Ahmed Dar received information that Mir Mustafa was traveling in his gypsy on March 23, 1990, they went after Maruti gypsy and after overtaking the gypsy blocked the path of gypsy in village Bogam and when Mir Mustafa's gypsy stopped, the accused Mohammed Maqbool Tantray and Nazir Ahmed Dar with Kalashnikov rifles and at the gun point over powered Mir Mustafa and other four occupants of the gypsy. They snatched the pistol of Mir Mustafa and shifted him in their own Maruti Van and also snatched gypsy and forced the other occupants of the Gypsy to leave the vehicle and threatened them not to report the matter. It was further submitted that on March 25, 1990 the dead body of Ex-MLA Mir Mustafa was recovered by SI Parvez Ahmed of Police Station Shergarhi, Srinagar. The dead-body of Mir Mustafa was examined by Dr. RM Nehvi Medical Officer Community Health Center. It is worthwhile to mention here that during the investigation it has been found that Chief Commander JK Hizbul Mujahideen Abdullah Bangroo had died on June 18, 1990 as a result of an encounter with BSF. JNF
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