KL NEWS NETWORK
J&K High Court Tuesday ordered the police official investigating FIR no. 125/1996 relating to the 5 October 1996 Sadrakoot massacre to appear in person on the next date of hearing [22 March 2016] along with the case diaries.
“Justice Bansi Lal Bhat of the Jammu and Kashmir High Court ordered the police official investigating FIR no. 125/1996 relating to the 5 October 1996 Sadrakoot massacre to appear in person on the next date of hearing [22 March 2016] along with the case diaries.
The court was hearing the petition filed by families of the victims of the massacre where seven civilians of three families including women were killed by Ikhwani Abdul Rashid Parray [alias Rashid Billa], Wali Mohammad Mir and Mohammad Ayoub Dar, then working for the army, a statement issued by human rights defen der group, JKCCS said, this evening.
“Justice Bansi Lal Bhat heard arguments by the petitioners on the status report filed by the Government of Jammu and Kashmir where the police has itself indicted the three accused based on evidence collected,” the statement said. “The Government had stated in their report that Abdul Rashid Parray and Wali Mohammad Mir had ‘deliberately gone into hiding’, that their “residential houses were raided and reportedly they are absconding” and that SHO of Sumbal Police Station led a police team to locate them outside Jammu and Kashmir. Meanwhile, in the case of Mohammad Ayoub Dar, the Government stated in their report that he was in the 161st Battalion Territorial Army in Gantamulla, Sheeri, Baramulla and correspondence had been sent to his Commanding Officer.”
“It appears that Union of India, the army, and senior officials of the police are supporting the three accused. Local information suggests that Abdul Rashid Parray and Wali Mohammad Mir are openly moving in their residential area. The police have deliberately, it appears, chosen not to use the powers under the law to effectuate arrest, including by getting a warrant against them from the lower court and attaching their property to pressure them to appear before the law [Section 25 of the Police Act read with Sections 87-89 CrPC],” the statement said.
“Meanwhile, in the case of Mohammad Ayoub Dar, the police have chosen to address correspondence to his Commanding Officer rather than use their powers under the law to directly go to the camp and arrest him,” the statement further said, “and Union of India has sought to delay the proceedings in court rather than follow the law: immediately hand over Mohammad Ayoub Dar to the police.”
On 22 March 2016, the investigating officer, and the State parties including Union of India, will have to “explain their reasons and motivations for protecting the accused”.