Shopian case

Srinagar, Apr 17: The Central Bureau of Investigation Saturday said the investigation carried out by the special investigating team of Jammu and Kashmir Police was not binding on the agency and it won’t furnish the SIT records to accused lawyers and doctors.
 “The Jammu and Kashmir government after application of mind, transferred the investigation of the case to CBI for fair and impartial probe because the public at large were not satisfied with the SIT investigation. As a matter of fact and as per law, the investigation conducted by SIT was not binding on CBI,” said inspector of police, CBI, through his counsel, S K Bhan before the Chief Judicial Magistrate, Muhammad Ibrahim Wani.
 The CBI had charge-sheeted 13 persons who it accused of fabricating the evidence and retracting from their statements.
 On February 17, 2010, counsels for accused had informed the court that the statements recorded by SIT under 161 CrPC were not provided to them and filed an application seeking all records of SIT of FIR No 112/09.
 CBI in its objections Saturday said that on request of state government, the investigation of FIR No 112/09 was entrusted to it for a thorough probe into the Shopian incident. It said, “The investigation carried out by it was independent of the investigation conducted by SIT and the relevant statements, documents and articles required to prove the case of the prosecution against the accused have already been made part of the charge-sheet.”
 It said during the investigation conducted by CBI, the allegations of rape and murder of deceased could not be established and it was revealed that both of them had died due to Asphyxia as a result of ante mortem drowning.
 “The investigation revealed that a criminal conspiracy was hatched by 13 accused persons in order to defame the police, security forces by preparing false records and threatening and pressurising the witnesses to make false statements for implicating police and security forces,” it said.
 The CBI also moved an application for placing on record the articles left in its office at the time of filing of chargesheet. These include x-rays, slides and clothes of the deceased ladies, which were seized during the investigation.
 Court asked counsels for accused to file objection in this regard on next date of hearing.
 The Court listed the main case for arguments on June 12 in respect of the application filed by Counsel for the accused and application filed by CBI.
 Meanwhile, counsel for Dr Ghulam Qadir Sofi submitted that his client was in judicial custody ‘in some other case.’
 The court said all the accused except Dr Nazia Hassan and Dr Bilal Ahmad stands released on bail. It directed them to furnish bail and personal bonds which they furnished and was accepted and made part of the record by the court.
 Advocate Syed Reyaz Khawar who represented Dr Nighat Chaloo and Dr Maqbool told reporters outside the court that since SIT has not implicated doctors and lawyers in its investigation, it was necessary that accused would be given the record for their defence. “There is contradiction between investigation conducted by SIT and CBI. The agency is purposely concealing the investigation conducted by SIT,” he said.
 The lawyers accused in the chargesheet include Mushtaq Ahmad Gatoo, Sheikh Mubarak, Altaf Muhammad, Muhammad Yousuf Bhat and Abdul Majid Mir.
 The doctors, accused in the chargesheet include Nighat Shaheen, Ghulam Qadir Sofi, Maqbool Mir, Ghulam Muhammad Paul, Bilal Ahmad Dalal and Nazia Hassan.
 The civilian include elder brother of Asiya (victim), Zahoor Ahmad Ahanger and Ali Muhammad Sheikh. The duo has been accused of fabricating evidence and intimidating witnesses to mislead the investigations in the case.    
 Meanwhile, president of Shopian Bar Association, Sheikh Abdullah urged the court to exempt the CBI-held accused from personal appearance, saying it was hampering the court work in the South Kashmir district. On his submission, the court said it would be decided on next hearing. 
 Advocate Rafiq Ahmad Joo and Abdul Rouf were representing High Court Bar Association on behalf of the accused.

Lastupdate on : Sat, 17 Apr 2010 21:30:00 Makkah time
Lastupdate on : Sat, 17 Apr 2010 18:30:00 GMT
Lastupdate on : Sun, 18 Apr 2010 00:00:00 IST