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This is an archive article published on April 13, 2000

Judge orders filing of abduction, murder cases

ANANTNAG, APRIL 12: Chief Judicial Magistrate Abdul Wahid, here on Tuesday ordered registration of abduction and murder cases in respect t...

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ANANTNAG, APRIL 12: Chief Judicial Magistrate Abdul Wahid, here on Tuesday ordered registration of abduction and murder cases in respect to the killing of five persons, whom the Army and the police had accused of being involved in the massacre of 35 Sikhs at Chitti Singhpora.

"I am of the considered opinion that a prima facie offence under Sections 302, 364, 102-B and 201 Ranbir Penal Code (RPC) has been committed," the CJM held after carefully considering the matter and keeping in view the report of the inquiry officer appointed by him. The matter requires a thorough investigation for unfolding the whole mystery surrounding the abduction and subsequent killing of the persons named in the complaint.

"Accordingly, in terms of the section 156 (3) of the CrPC, the SHO Anantnag Police Station is directed to register two separate cases under sections 302, 364, 120-B and 201 RPC in respect of abduction and killing of Zahoor Ahmed Dalal and Bashir Ahmed Bhat," the Judge ordered. Both were abducted from Mominabad and Sherpora respectively.

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Since a case in respect of other two persons namely Jumma Khan son of Faqir Ullah and other Jumma Khan son of Amir Ullah, already stands registered under Section 364 RPC and 7/25 Arms Act in Police Station Achhabal, the SHO concerned is directed to add further offences under Section 302, 120-B and 201 RPC in the said FIR, the CJM directed.

This followed submission of a preliminary verification report by DySP (Hqrs) Sheikh Abdul Rehman, into an application filed in the court by 14 persons from Brariangan.

The DySP was appointed by the CJM to hold inquiry into the application contesting the claims of the Army and the police of having killed five militants involved in the Chitti Singhpora massacre. Those killed were innocent civilians, who had been abducted and later killed in fake encounter, the applicants had alleged.

Also pointing out that the inquiry officer has conducted a detailed preliminary verification in respect of the allegations made in the complaint, the Judge observed that in view of the public importance and sensitive nature of these cases, it would be in the interest of justice to have the investigations conducted by a Special Investigating Team (SIT) and also the monitoring of such investigations by this court. "Accordingly, the DIG Anantnag range is directed to constitute SIT to be handed by a senior police officer not below the rank of DySP," he added.

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The DIG shall also supervise the investigations and shall intimate to this court the names of the members of SIT within a week time. All these cases shall be investigated by the SIT so constituted by the DIG, he held.

The CJM also held that the SIT shall submit its progress report periodically to the court and first such report shall be submitted on May 1, 2000.

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