Excelsior Correspondent
SRINAGAR, Apr 1: Jammu and Kashmir High Court issued notice to Ministry of Home and Defense in custodial killing of youth in the year 2002.
Justice Tashi Rabstan issued notice to Ministry of Home Affairs and Secretary to Ministry of Defence, New Delhi and sought response from both these officials within two weeks over custodial killing of Srinagar Chemist, Manzoor Ahmad Dar, who was picked up by army personnel of 35 RR in 2002 and directed for latest status about the matter.
As the case is monitored by the High Court and the Special Investigation Team (SIT) concluded the investigation with the outcome that he (Dar) ‘could have died in the custody of the Indian Army’s 35 RR’.
The SIT accordingly after conclusion of investigation changed the case from abduction and murder and invoked RPC Sections 302 (murder) and 201 (causing disappearance of evidence) against one Brigadier Kishore Malhotra, the main accused in Dar’s disappearance from his home at Rawalpora during the intervening night of January 18/19, 2002.
With the report of SIT, High Court directed arrest of said officer for his interrogation about the missing of Dar from custody. However, the official challenged the order of High Court before Supreme Court with the prayer that he may not be arrested.
The Supreme Court asked him to cooperate with the SIT and also directed that he should not be arrested. On the direction of Apex Court Brigadier Malhotra presented himself before the investigating authority and during the questioning he did not admit the custody of the victim and nor make disclosure which could lead to Dar’s recovery.
The wife of deceased had filed complaint with the police about the picking up of his husband by the 35 RR of Indian Army and FIR under Section 364(Abduction) was registered at Police state Sadder Srinagar. However, police had concluded the case as “untraced”.
With the closure of investigation by the police wife of deceased contended that she is not satisfied with the said investigation and demanded investigation from the beginning into the custodial disappearance of her husband.
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