Court orders reprobe into murder involving Cong ex-MLA

Ishfaq Tantry

Tribune News Service

Srinagar, July 8

A court in Bandipora district has ordered the reinvestigation of a 24-year-old murder case of Jamaat activist in north Kashmir’s Hajin area involving Congress legislator Usman Majeed.

While disposing of a protest petition filed by the son of the slain Jamaat activist, the court of Judicial Magistrate, Sumbal, Bandipora, has directed the J&K Police to further investigate the 1993 case “in a proper, fair and impartial manner without unnecessary delay, preferably within eight weeks”.

“For given reasons, facts and circumstances of the case, this court arrives at the conclusion that the investigation conducted in the case (FIR No. 79/1993) and closed in the shape of present final report has not been done properly/satisfactorily,” the court observed in its orders made available on Sunday while disposing of the protest petition of Sajad Ahmad Wani, who had submitted that he was not satisfied with the final report of the investigation filed by the police on November 22, 2017, and March 6, 2018, in two parts, which closed the investigation as “untraced”.

“Accordingly, further investigation is directed to be conducted in a proper, fair and impartial manner without unnecessary delay preferably within eight weeks,” the court said while further directing that the investigation agency shall ensure that the statement of all witnesses named in the present protest petition were recorded according to the law.

The 1993 case relates to the murder of Jamaat-e-Islami activist Abdul Khaliq Wani of the Madwan area of Hajin around two decades ago by the pro-government militia group, Ikhwan.

Sajad Ahmad Wani, who is also the eyewitness of the murder, had filed a protest petition wherein he had alleged that Bandipora MLA Usman Majeed, then a member of the counter-insurgency force, Ikhwan, along with other Ikhwanis, shot dead Abdul Khaliq Wani for his association with the Jamaat-e-Islami.

The court has also directed Bandipora SP to give protection to victim’s family and the witnesses and to complete the investigation in eight weeks.

On June 7, 1993, the Hajin police post received information from reliable sources that on the night of June 6, a person named Abdul Khaliq Wani of Madwan Prang was shot dead by some unknown gunmen. On receiving the information, a report was entered in a daily dairy at the Hajin police post on June 7 and thereafter, its extract was sent to the Sumbal police station for registration of a formal FIR.

The final report stated…  

"During the investigation, reportedly several efforts were made to make the arrest of the culprits but they couldn't be identified or arrested. Consequently, the investigation into the given case has been closed as "untraced"."

Fresh order reads…  

"For given reasons, facts and circumstances of the case, this court arrives at the conclusion that the investigation conducted in the case and closed in the shape of present final report has not been done properly/satisfactorily. Accordingly, further investigation is directed to be conducted in a proper, fair and impartial manner without unnecessary delay preferably within eight weeks."