Police await Centre’s nod to prosecute Brigadier : The Tribune India

Join Whatsapp Channel

Police await Centre’s nod to prosecute Brigadier

SRINAGAR:The Jammu and Kashmir Police have invoked charges of abduction, murder and disappearance of evidence against a brigadier-level officer of the Army, accused of the custodial death of a chemist from the Rawalpora locality of Srinagar in 2002.



Ishfaq Tantry

Tribune News Service

Srinagar, November 25

The Jammu and Kashmir Police have invoked charges of abduction, murder and disappearance of evidence against a brigadier-level officer of the Army, accused of the custodial death of a chemist from the Rawalpora locality of Srinagar in 2002.

In its status report, a Special Investigation Team (SIT) of the police has told the Jammu and Kashmir High Court that the investigation into the 14-year-old case had been completed and the Central government nod for prosecution of accused Brigadier Kishore Malhotra was awaited.

Brigadier Malhotra was a Major in the 35 Rashtriya Rifles in 2002 when the incident happened.

The officer was subjected to four days of sustained ‘custodial interrogation’ by the SIT between October 6 and 9 this year, the report accessed by The Tribune has further revealed.

On November 23, a single bench of the High Court, while hearing a petition in the case, asked the police to file the latest status report about the investigation by Tuesday and ‘also report that the charge sheet has been filed’.

Manzoor Ahmad Dar, a resident of Rawalpora locality on the outskirts of Srinagar, was arrested by the Army on January 19, 2002. His wife Jana, in her testimonies before the courts, has maintained that an Army contingent led by Kishore Malhotra, then a Major with the 35 Rashtriya Rifles, had raided their house in the dead of the night.

Later, a judicial inquiry by the Chief Judicial Magistrate, Budgam, had also ‘substantiated’ that Manzoor was ‘picked up by armed forces personnel of the 35 Rashtriya Riffles during the intervening night of 18/19 January 2002’.

“The custodial disappearance has occurred near about 14 years ago, which clearly indicates that the disappeared person could have died in custody of the 35 RR and accordingly, Section 302 of the RPC (murder) is invoked,” the SIT submitted in its status report, adding that offence under Section 364 (abduction) is already established against the accused Army officer.

“On the direction of the apex court and the High Court of J&K, accused Major Kishore Malhotra, now Brigadier, appeared before the SIT on October 6, 7, 8 and 9, 2015. During custodial questioning, the accused did not admit to the custody of the victim, nor lead to the recovery of the body (of Manzoor). Accordingly, offence under 201 of the RPC is invoked,” it added.

Stating that since direction of the Supreme Court was not to arrest the accused Brigadier during questioning, the SIT has further told the High Court that the “investigation of the case stands closed and charges under Section 364 (abduction), 302 (murder) and 201 (disappearance of evidence) of the RPC invoked.”

It added that the case file along with the records had been sent to the government for accord of sanction to prosecute the accused Brigadier.

Top News

India summons Canadian diplomat over raising of pro-Khalistan slogans at event attended by PM Justin Trudeau

India summons Canadian deputy envoy over pro-Khalistan slogans at event attended by PM Justin Trudeau

Ministry of External Affairs describes the raising of slogan...

Telangana CM Revanth Reddy summoned by Delhi Police to join probe in Amit Shah’s doctored video case

Amit Shah's 'doctored' video: Delhi Police summon Telangana CM Revanth Reddy, one arrested in Assam

Revanth Reddy says he will not be afraid about notice over p...

Supreme Court stays CBI probe into West Bengal government officials' role in teacher recruitment scam

Supreme Court stays CBI probe into West Bengal Government officials' role in teacher recruitment scam

Top court, however, refuses to stay High Court order cancell...

No CM can remain absent for long, it’s against national interest: Delhi High Court on Arvind Kejriwal

No CM can remain absent for long, it’s against national interest: Delhi High Court on Arvind Kejriwal

High Court says Kejriwal’s absence cannot allow students to ...

Indore Lok Sabha seat Congress nominee Akshay Bam withdraws candidature

After Surat setback, Congress faces Indore ignominy as Lok Sabha candidate Akshay Bam withdraws nomination

The Congress says there is a 'threat to democracy' and wonde...


Cities

View All