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| Bhaderwah triple murder ghost haunts DGP | | Petition seeking reinvestigation in the case filed in HC | | Early Times Report
JAMMU, Sept 24: The state's top police man is in real trouble. A petition seeking reinvestigation of his involvement in a fake encounter has been filed by the relatives of the victim. The petition has been listed for hearing on September 30. The Advocate General has been put on notice. He is likely to argue the petition on September 30.
The petitioners Nazira Begum, aged 45 years, Widow of Fazal Hussain Dar and Shaheena Begum, aged 45 years, Widow of Mohammad Hussain Lone both residents of Malni, Tehsil Bhaderwah, District Doda are represented by renowned human rights activist and noted lawyer Parvez Imroz.
While the main accused happens to be Muhammad Ashraf s/o Gulab Shah of Pranu, Doda, the Director General of Police, Kuldeep Khoda also figures in the list of he accused.
According to the petitioner, the deceased Fareed Hussain Dar along with two other persons Mohammad Hussain Lone and Talib Hussain were abducted January 3, 1996 by Muhammad Ashraf and his men.
Talib Hussain, the petitioners said, managed to escape and the fact came to fore that the other 3 persons were killed. An FIR vide No. 07/1996 was filed under Section 302, 307, 364, 201, 120 RPC and 3/2 Arms Act in Police Station Bhaderwah. Afterwards the investigation was conducted and the statements under section 161 were recorded from the witnesses including Talib Hussain and the relatives. In the investigation the police came to the conclusion that 3 persons were killed by Mohammad Ashraf whose name was mentioned in the charge sheet as he was creating problems for the local people by indulging in notorious criminal activities, thereby respondent No. 6 had developed enmity against the Fazal Hussain Dar, Fareed Hussain Dar and Mohammad Hussain Lone (who were killed) and Talib Hussain (who escaped from their clutches).
The trial court observed in its judgment dated 3-11-1999, that the prosecution examined 12 witnesses including body guard of the accused, a close relative of the deceased and the driver of the police truck who was all along with the respondent No. 6 on the day of occurrence. Talib Hussain, the relatives of the deceased namely Mst. Nazeera Begum and Mst. Shaheena Begum, have been examined but all the 3 witnesses have shown ignorance and have not deposed anything against Ashraf. However, the court observed that: "The prosecution case appears to be somewhat strange in the sense that without having any credibility about the good conducts of respondent No. 6 and others, the police appear to have provided all kinds of assistance to the accused respondent No. 6 and his companions for unknown reasons, as the prosecution is completely silent about the fact as under what circumstances the police truck was allotted to the respondent No. 6 and his companions were even provided allegedly arms and ammunitions for being a VDC member, which is a fact that does not appear to be correct. May be as it is, but in the present case the court has to see whether evidence brought on record by the prosecution sufficiently establishes the guilt of the accused beyond any shadow of doubt or not. And the evidence brought on record is weak, infirm and un-convincing of the same, does not establish the guilt of the accused beyond any shadow of doubt thereby. The court acquits the accused without calling the accused to enter into his defense. However the warrants issued against the other two accused shall remain in force till they are arrested and produced before the court."
The state did not file any appeal of this case. The petitioner approached the National Human Rights Commission on 08-04-1996, stating that her husband and son and 2 other people were abducted in police truck because of the conspiracy of police officials. The National Human Rights Commission summoned the then Director General of Jammu and Kashmir Police and Inspector General of Police of Jammu region and ordered re-investigation. The then DG police initiated re-investigation through Crime Branch. The order was communicated vide Fax Message No. CIS/HRF/97-1818-10 dated 24/6/97.
On 16/1/98, Additional Superintendent of Police (ASP, C.B) Bachan Singh Chowdhary submitted a progress report number CL/PA-122-25 indicting the then DIG Doda Udhampur range, Kuldeep Khoda, (Respondent NO. 2). The progress report observed that:
"It speaks volumes of negligence on the part of the then DIG Udhampur/Doda range (Respondent No. 2, Kuldeep Khoda) because even after knowing this from the driver of the truck provided to the friendly militants that they had committed such a heinous crime, he didn't bother to get the accused persons arrested through Batote police or Doda Police. The district authorities should have acted promptly to effect the arrest of accused persons and registration of crime but delay was caused for the reasons best known to them. Due to which only one accused could be arrested so far while his two accomplices are still at large."
That the ASP Shikha Goel (IPS) replaced Bachan Singh Chowdhary. Shikha Goel continued the re-investigation of the said case and submitted the progress report on 12/11/1998. In her report she confirms the main aspects of earlier report filed by Bachan Singh Chowdhary, and after interrogating more police officials whose names had surfaced during the Crime Branch investigation she reported tampering of evidence in the case.
That the police mislead National Human Rights Commission (NHRC) which had directed re-investigation through Crime Branch whereas the case was challaned in the Sessions Court Bhaderwah without mentioning re-investigation report made by Crime Branch. The re-investigation initiated under NHRC's instructions was not made part of the charge sheet, which means the NHRC intervention and instructions were ignored by the police.
The Crime Branch report also makes a mention of Kuldeep Khoda's further involvement in the case. According to the report, Khoda inspected the arms which were later sent to Ashraf. Mohammad Ashraf (Respondent No. 6) and his associates met the then DIG, Kuldeep Khoda (respondent No. 2) on 02/01/1996, where Kuldeep Khoda ordered police driver Shadi Lal to be on duty with Respondent No. 6, Mohammad Ashraf and his associates till 04/01/1996 saying that the said truck should remain at the disposal of Mohammad Ashraf.
After committing the crime, Ashraf and his associates went to Kishtwar for overnight stay. Next day (on 04/01/1996) Ashraf and his associates took the police truck to Batote and met Kuldeep Khoda. Then Ashraf's associates deposited their arms at police post Assar. The Crime Branch report says while one of Ashraf's associates stayed at Assar police post, his other accomplices accompanied him to Doda. On 05/01/996, then S.S.P. Doda called Mohammad Ashraf to his office where he deposited his arms and stayed in a hotel for night. Next day, on 06/01/1996, Mohammad Ashraf and his PSO left for Bakshi Nagar Jammu where he was provided with a family quarter and was living along with his family there. After one month Mohammad Ashraf visited Doda where he was arrested in the case.
In his statement recorded by the Investigating Officer (IO) of police station Bhaderwah, the then DIG Kuldeep Khoda admitted that Ashraf and his two associates had met him and taken police assistance. He (the then DIG Kuldeep Khoda) however was silent on the antecedents of Ashraf's two accomplices who had no official position in police (they were neither VDC members nor SPO's). |
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