Srinagar, June 28: Shakeel Ahmad Ahangar, husband of Neelofar and brother of Aasiya Jan on Monday filed an application before the Court seeking fresh inquiry into the Shopian double murder and rape case. 
 Describing the CBI inquiry as shrouded in mystery, the application asked for fresh probe which should be conducted by different agency.
 Questioning the inquiry of the CBI, the application moved through advocate Syed Riyaz Hussain said the inquiry conducted by the CBI exhibits the malafide. “The CBI has involved five lawyers, six doctors and two civilians in the case. The investigation carried by the CBI is on the face of it based on malafidies,” the application said.
 The application said the CBI has involved the lawyers only on the statements made by few prosecution witnesses. “If the investigation would have been fare then CBI would have also banked upon the statement of prosecution witnesses… The statement of particular prosecution witness was not reproduced here for obvious reasons,” the application said, adding deliberate actions to conceal something speak volumes about their conduct.
 The application said before performing the second autopsy the doctors should obtain all the available documents relating to the case especially the first autopsy report, photographs of the scene of death, of the body taken during the first autopsy, hospital records, police investigative report etc and if possible the first autopsy pathologist should be called to correlate all the findings.    
 The application said the bodies of the two ladies were found on Rambiara Nalla at such place where the water level was not more than 6 inches. “Presuming the ladies were drowned by the waters than the bodies would have stopped just adjacent to bank of stream having fast flow. It was not possible that bodies could have stopped few meters away from fast flowing stream where the water level was only 6 inches,” the application said. Questioning the story of drowning, the application said that the ladies while struggling for their survival could have tried to catch weeds, stones, pebbles which could have been found in their grip. “Since no such foreign material was found in the hands of victims, the story of drowning cannot be concluded as firm.”
 The application said the doctors who conducted Ist and 2nd autopsy should have been called at the time of exhumation and post-mortem after exhumation for corroboration or otherwise. “Since this has not been done, the theory projected by the CBI cannot be taken as gospel truth.”

Lastupdate on : Mon, 28 Jun 2010 21:30:00 Makkah time
Lastupdate on : Mon, 28 Jun 2010 18:30:00 GMT
Lastupdate on : Tue, 29 Jun 2010 00:00:00 IST