Court directs police to re-investigate 24-year-old murder case of Jamaat activist ‘involving’ Congress Legislator Usman Majeed
Bandipora, July 9, CNS: A local court here has directed police to re-investigation the case related to the killing of a Jamaat-e-Islami activist in North Kashmir’s Hajin area in the year 1993 citing that the investigation in the case was carried out for the sake of completing mere formalities.
The court of Judicial Magistrate first class Sumbal directed the police to re-investigate the case related to the murder of Jamat-e-Islami activist, Abdul Khaliq Wani of Madwan area of Hajin around two decades ago by the pro-government militia group, Ikhwan. The killing allegedly involves the present legislator of Congress party from Bandipora constituency, Usman Majid, then an active member of a pro-government militia group, Ikhwan-ul-Muslimeen led by Kuka Parrey.
The court has also directed SP Bandipora to give protection to victim family from Hajin and the witnesses and complete investigation in eight weeks. Usman is alleged to have killed Abdul Khaliq Wani in1993 and FIR number 73/1993 then registered was lodged against him in which family of the deceased was dissatisfied with the investigation and had moved to the Jammu and Kashmir High Court.
The JK High court directed CJM Sumbal for disposal as per law of the closed FIR. Court after hearing both parties arrived at the conclusion that ends of justice were not met and the case needs to be reopened for fair and transparent investigation.
The court also observed that failure of the investigating agency to forward the final report of the investigation even after the expiry of 24 years of the incident is deplorable exercise of discretion/ choice and misuse of their power and position.
The protest petition has been filed by human rights activist Advocate Parvez Imroz on behalf of the family of the victim.
Pertinently, on June 07, 1993, then police-post Hajin received information from reliable sources that on the night intervening 06/07 June 1993, one person namely Abdul Khaliq Wani S/O, Ghulam Qadir Wani a resident of Madwan Prang was shot dead by some unknown gunmen, who has been buried by his legal heirs.
Police Station Sumbal on receipt of an extract of daily dairy report No 6 dated 07.06.1993 of Police Post Hajin registered the case/ FIR No 79/ 1993 U/S 302 RPC, 25/27 IA Act and 4 (III) TADA. Accordingly, the investigation was commenced in the matter.
While investigating the matter, the Investigating officer came to know on 6/6/1993 at 8:15 pm Abdul Aziz Wani S/o Subhan, Abdul Sattar Wani son of Ghulam Qadir (brother of deceased), Ghulam Nabi Bhat son in law of Mohammad Dar, Sajad Ahmad Wani son of the deceased Abdul Khaliq Wani, Mohammad Ismail Wani son of Subhan Wani (brother in law of deceased), Ghulam Nabi Dar son of SalamDar, Ali Mohammad Hajam son of Mohammad Ramzan, had picked up body of the deceased who was killed by unknown gunmen at Gurkhud Band near the orchard of Subhan Malik and the dead body was not shifted to hospital for post-mortem as the people of the area were terrified due to incident and at 12:00 am the legal heirs of the deceased buried the deceased without the post-mortem examination.
However, the body of deceased was examined by the witnesses who found the deceased had received four bullets on his chest. The statement of these persons was recorded.
According to the petitioner, who is also the eyewitness of the murder filed a protest petition wherein he alleged that MLA Bandipora Usman Majeed, then a member of the counter-insurgency force, Ikhwan, along with other Ikhwani’s, shot dead Abdul Khaliq Wani, resident of Madwan, Hajin, Bandipora District, for his association with the Jamaat-e-Islami.
The killing was witnessed by the family members of the victim. The police filed an FIR against unidentified gunmen while on 3 June 2016, Justice S. Ramalingam, of the Jammu and Kashmir High Court admitted a petition in this regard and issued notice for response to the parties including MLA Usman Majeed, and directed for a status report by the Police to be filed on the next date of hearing in the week of 11 July 2016.
“The family of the victim, despite the existing fear, had approached the High Court to direct the Police to carry out proper and fair investigations into the killing by constituting a Special Investigation Team.
Petition apart from facts of the case, the laws laid down by the Supreme Court of India as well as various High Courts have also been reflected in support of the contention made by the protesting petitioner seeking further proper and fair investigation to be conducted in the matter.
In the Petition it is categorically mentioned that the killer of the father of petitioner belongs to pro-government militia specially Usman Abdul Majid, Nazir Ahmad Kochak alias Mumtaz, Mohammad Maqbool alias Magseer, Mohammad Iqbal Hazoori and Abdul Rehman Shalla alias Dilawar (Nikshalla) and Late Nazeer Ahmad Wani of Saderkote Bala.
It is further mentioned that there were as many as eight eye-witnesses who witnessed the incident including the petitioner whose names are as Late Rehti Begum, Late Abdul Sattar Wani, Abdul Rashid Wani, Abdul Aziz Dar, Ghulam Nabi Dar, Mushtaq Ahmad Wani and Muneer Ahmad Wani. (CNS)