The Jammu and Kashmir High Court has asked Union Defence and Home Ministry to respond to an application moved by family of Manzoor Ahmad Dar, seeking their arraying as party to the case.
Dar was killed allegedly by Army in 2002 after he was abducted from his residence at Rawalpora here.
A bench comprising Justice Tashi Rabstan directed Secretary to Government Ministry of Defence and Secretary to Ministry of Home to file objections to the application within two weeks.
Dar's family has sought impleadment of the two Union Ministries as party respondents to know status of the case with regard to grant of sanction for prosecution of the accused Brigadier, Kishore Malhotra.
A Special Investigating Team has closed the probe of the case by concluding that the victim could have died in custody of Army's 35 Rashtriya Rifles led by Major Malhotra after he was abducted from his residence in January 2002. In this way, the investigating agency has established charges of abduction, murder and destruction of evidence under the relevant sections of RPC against the accused.
On January 19, exactly 14 years after his disappearance, Dar's daughter, Bilquees, brought an end to the long wait for her father's return by organizing his funeral prayers in absentia outside her home. Two days later, Dar's mother, Zeba Begum, who had been hoping that his son would return, passed away.
The probe agency has already informed the High court that it has submitted to the competent authority a communication seeking approval of sanction for prosecution of the accused Brigadier.
Though it had sought outcome of the said communication, the court has not been informed about it so far. Meanwhile the court asked the respondents to produce latest status report progress of the case on next date of hearing.
Dar (then 35), working as a chemist, was picked up from his home at Rawalpora allegedly by Malhotra, then a major in Army's 35-Rashtriya Rifles, during the intervening night of January 18-19 in 2002.
Following massive protest ,Police station Saddar here registered an FIR under section 364 against Army's 35 Rashtriya Rifles and Major Malhotra's name had surfaced as an accused during the investigation. Wife of Dar, Mst Jana filed a petition in High Court through Advocate Mian Abdul Qayoom seeking directions for a fair probe.
The accused has moved Supreme Court by filing a Special Leave Petition (SLP) against his arrest ordered by the Jammu and Kashmir High Court. The State government has already filed its reply to the petition.