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Omar Govt not for action against CBI’s accused in Shopian
Advocate Mubarak appointed as PP in Sept, Dr Sofi as CMO Pulwama
12/17/2009 1:27:55 AM


AHMED ALI FAYYAZ

SRINAGAR, Dec 16: In marked contrast to its quick action in June and July this year, Omar Abdullah-led coalition government is, of now, holding the opinion of not placing any of the accused officials under suspension even as Central Bureau of Investigation (CBI) has chargesheeted 13 persons, including six doctors and one Public Prosecutor (PP), for ‘criminal conspiracy and fabricating evidence’ in the matter of criminal exploitation of the death of two young women in Shopian.

Highly placed official sources revealed to Early Times today that Government had immediately no plans to take any administrative action, like termination of services or suspension, against any of the doctors and a PP found guilty of criminal conspiracy and criminal exploitation of the death of two women in CBI’s three-month-long investigation. After completing its investigation, CBI has exonerated all the four Police officials, accused of destroying evidences by Special Investigating Team (SIT) of J&K Police, and filed interim chargesheet against six doctors and five lawyers in the court of Chief Judicial Magistrate (CJM) Srinagar on December 10th.

“As of now, we have no instructions to place any of the doctors under suspension”, a bureaucratic source in Ministry of Health said. Officials in the Ministry of Law & Parliamentary Affairs said that Advocate Sheikh Mubarak, who had been appointed as Public Prosecutor in District & Sessions Court Shopian by Mr Ali Mohammad Sagar in September, had been asked to continuously pursue the state’s cases at his place of posting. A relative of NC’s former MLAs, late Sheikh Mansoor and his son Sheikh Rafeeq, Mubarak is one among the six lawyers who have been charged with criminal conspiracy and fabricating of evidence for the purpose of framing innocent persons by the CBI.

This is reportedly for the first time in the state’s judicial history that a PP, supposed to pursue state’s cases in District & Sessions Court, has been charged with such crime. Even his predecessor, appointed as PP by Mufti Mohammad Sayeed’s government in 2003, is facing the same charges in the CBI challan. Four other lawyers facing similar charges include President of Bar Association Shopian, Advocate Abdul Majeed Mir.

According to informed sources, CBI has obtained call detail record, including taped conversations, of all the six lawyers and established charges against them with the additional corroboration of this material evidence. Their voice samples have been obtained during their questioning at CBI’s camp office in Humhama last month and sent for a detailed analysis and verification to Central Forensic Laboratory Hyderabad. CBI is likely to produce supplementary evidence in its designated court in Srinagar after receiving a report from CFSL Hyderabad later this month.

Almost all the doctors associated with post mortem procedure of 17-year-old Aasiya Jan and 25-year-old Neelofar Jan, whose dead bodies had been found in mysterious circumstances in Rambiara nullah of Shopian on May 30th this year, have also landed in trouble. CBI has framed and filed charges against six of such doctors.

While as Dr Nighat Shaheen, Assistant Surgeon B Grade, and Dr Bilal of Dalal, Assistant Surgeon, had been placed under suspension in the wake of findings of Jan Commission report in July, Government had not initiated any action against four other doctors of the team. Then Chief Medical Officer (CMO) Pulwama, Dr Ghulam Mohammad Paul, has now retired from service but three others---Dr Ghulam Qadir Sofi, Dr Mohammad Maqbool Mir and Dr Nazia Hassan--- are still posted and serving in the same area.
Dr Maqbool Mir is continuously working as District Health Officer (DHO) Pulwama. Dr Ghulam Qadir Sofi, then Dy CMO, has been elevated to the senior rank of CMO Pulwama by Omar Abdullah’s government as late as in September this year. In the wake of CBI filing serious charges of criminal conspiracy and fudging of post mortem and per vaginal of the two women, Government is now in a quandary---whether to place them under suspension or ignore the CBI chargesheet. According to sources, Government does not want to take any action that would suggest approval to the CBI report which has been vociferously questioned and disputed by the separatist as well as mainstream Opposition.

On the other hand, Government’s inaction over CBI report, by way of placing the doctors under suspension and terminating the services of the PP, would raise questions over its quick action previously against the four Police officials, one scientific officer of FSL and two doctors before and after Jan Commission report. As of now, Government’s tension in the burning issue is receding fast for the Valley has not come out with a serious reaction and the separatist hardliner Syed Ali Shah Geelani has left for New Delhi today on a long winter vacation.
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