Excelsior Correspondent
SRINAGAR, July 15: High Court today closed the petition on alleged rape and murder of two women in Shopian in 2009, observing that there is “no further monitoring” required by this court.
Division Bench of the court comprising Chief Justice MM Kumar and Justice DS Thakur while announcing the judgment said: “We feel that the investigating agency (CBI) having completed its investigation and presented the charge sheet, no further monitoring is required by this court.”
The two women, Asiya Jan and her sister-in law Neelofar, whose bodies were found near Rambiara stream in Shopian in 2009, were allegedly raped and murdered. The incident triggered massive protests across Kashmir valley following which the Government ordered probe by SIT and the judicial commission.
However, the court left it open that in case there would be any additional evidence available other than the one on record nothing would prevent the trial court in examining the same.
Referring the judgment of the Supreme Court the contradiction of investigation conducted by CBI and Jan Commission, the bench said that Jan commission cannot form a basis for this court to order fresh investigation into the entire episode.
“Thus very basis of the medical and other evidence, whereupon the Jan commission had based its findings and conclusions, the CBI investigation has found that absolutely false. Therefore, Jan Commission report itself cannot form a basis for this court to order fresh investigation into the entire episode,” said the bench.
On December 14, 2009 the CBI concluded death of the two women “due to drowning” which was in contradiction to the one man commission headed by Justice (retired) Muzaffar Jan. The commission had said it was impossible for some to drown in water level of knuckle height in the stream-Rambiara Nallah-from the banks of which bodies were recovered.
The CBI took over the case on September 17, 2009 and concluded the investigation December 14, 2009.
The court had reserved the petition for judgment on 29.8.2013 after hearing the counsel for victim’s family who were seeking reinvestigation of the matter.
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