Srinagar, Nov 9: Seeking re-investigation in double rape and murder of teenager Asiya Bano and Neelofar Jan of Shopian in May last year, the complainant Shakeel Ahmad Tuesday filed a protest petition before the Chief Judicial Magistrate (CJM) here for impartial investigation into the case by an independent agency other than Central Bureau of Investigation (CBI).
Asiya’s brother and Neelofar’s husband, Shakeel, submitted before the CJM Yashpal Burney that he was not satisfied with the CBI investigation and the agency gave diversion to the case to save the real culprits.
The CBI has described the death of victims as “accidental drowning” and charge sheeted 13 persons including five lawyers, six doctors and two civilians (witnesses) accused of fabricating the evidence and retracting from their statements.
Today when the case came before the CJM, the accused filed separate applications before the court to seek re-investigation in the case. “The CBI investigation has taken place in an arbitrary, malafide way and against law,” counsel for doctors Syed Reyaz Khawar said.
The counsel representing the accused supported the contention of the complainant, Shakeel Ahmad and said case must be re-investigated. However, CBI sought time from the court to file objections to the protest application.  The court directed the CBI to file objection on next date of hearing. December 11.
Supporting the protest application counsel for complainant Syed Reyaz Hussain said section 173 (8) of Criminal Procedure Code says that at the presentation of the chargesheet, the complainant must be put to notice. However, in Shopian case, the section was violated and Shakeel was not asked whether he was satisfied or not, Riyaz said.
In another application filed by the accused lawyers, doctors and civilians the appointment of the CBI counsel was objected. The lawyers representing the accused said case had been instituted by the state government and it could appoint lawyers from the state only. The counsel prayed that notices should be issued to state government and CBI for filing the responses to the application. Following which court issued notice to the CBI for filing their responses on December 11.

Lastupdate on : Tue, 9 Nov 2010 21:30:00 Makkah time
Lastupdate on : Tue, 9 Nov 2010 18:30:00 GMT
Lastupdate on : Wed, 10 Nov 2010 00:00:00 IST