Missing In Custody Or Impending Fidayeen?

Shoukat’s mother petitions High Court


Srinagar, Apr 3: Jammu and Kashmir High Court on Wednesday directed station house officer Kothibagh to produce before it all records including case diaries and report of investigation pertaining to an FIR (8/2005) registered under section 364 of RPC about Shoukat Ahmad Paul of Lawaypora Srinagar. While Shoukat’s mother says her son is in Army custody, security agencies have reportedly said he is planning suicide attack in Srinagar.
A Bench of Justice Hasnain Massodi passed the direction on a petition filed by Farida, Shoukat’s mother, through Advocate Zafar Qureshi, seeking directions to SHO Kothibagh to produce report of investigation pertaining to her son. Police station Kothibagh had registered the FIR (8/2005) under section 364 of RPC on the directions of Chief Judicial Magistrate Srinagar.
The High Court also directed the government to file response to the reports carried by Daily Excelsior and Daily Uqab in their issues of March 24, 2013, which quoted sources as saying that the security agencies had knowledge that four militants namely Chota Hamra, Abu Saad, Shoukat Ahmad Paul of Lawaypora Srinagar and Hilal Moulvi of Palhalan were trying to carry out a strike in the civil lines area of Srinagar city.
Farida has also sought directions to Union of India through Ministry of Defence to disclose the whereabouts of her son who was allegedly taken into custody on June 23, 2003 by Major Pratap of Army’s Kilo Force of Shariefabad camp.
In her petition, she has also sought directions to the SHO that he should apprise the court about the steps taken to trace out her missing son as also whether Major Pratap was taken into custody for interrogation. The petitioner has also sought directions to Union of India through Ministry of Defence and state government to protect the life of her son.
The petitioner has stated that her 20 year old son was studying at Amar Singh College Srinagar in BA final year and has gone missing on June 23, 2003 following which the family filed a report in Police station Parimpora on June 24. She stated that Police did not carry out any investigation to look for the whereabouts of the missing son.
The petition states that a complaint was filed before the State Human Rights Commission which sought the status report from the IGP Kashmir. In compliance, the IGP submitted a report to the SHRC on September 11, 2003 sating that all possible efforts were being made to trace out the missing person but no clue was got, states the petition.
“On July 25, 2004, the petitioner came to know that her son was picked up from Pratap Park by Major Pratap of Kilo Force at Shariefabad HMT and was taken by the officer to an unknown place and was not released from the illegal captivity hitherto,” alleged the petition.
‘Even on this information, Police Station Parimpora did not take any action compelling the petitioner to file application before Chief Judicial Magistrate Srinagar seeking directions for registration of an FIR against the accused Army Major,” reads the petition.
After seeking report from police station Parimpora in which it was stated that the occurrence has taken place at Pratap Park, the CJM directed the SHO Kothibagh to register a case and conduct investigation into the matter.
On the directions of Chief Judicial Magistrate Srinagar, an FIR was registered with police station Kothi Bagh on January 18, 2005.
“Despite the fact that an FIR was registered, except for the fact that Special Investigation Team even recorded the statement of the Khursheed Ahmad, source of Major Pratap, who had revealed that Shoukat Ahmad Paul was taken into illegal custody by Major Pratap. The source also disclosed that Major Pratap has been transferred to Kangan, where he was known by his code name Parvaiz Peer,” the petition said.
“The Police Station Kothibagh has not taken any action despite the fact that chief judicial magistrate Srinagar had directed to register a case against the said Major and no investigation has been carried out into the matter,” reads the petition.
The petitioner states that her son has not been traced despite the fact that SHO Police Station Kothibagh and the SIT know the name of the person who has abducted her son.
“But still as per the news item, Shoukat Ahmad Paul of Lawaypora is named by the Police as the person who is planning to carry a Fidayeen attack within the civil lines area of Srinagar,” says the petitioner.

Lastupdate on : Wed, 3 Apr 2013 21:30:00 Makkah time
Lastupdate on : Wed, 3 Apr 2013 18:30:00 GMT
Lastupdate on : Thu, 4 Apr 2013 00:00:00 IST

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