Investigators are busy preparing the Shopian rape and murder case to be handed over to CBI after green signal from the High Court. Haroon Mirani reports.
After weeks of uncertainty over the future course of action, the Shopian rape and murder case is all set to be handed over to Central Bureau of Investigation (CBI).
Investigation officers are now busy preparing the case for its takeover by CBI, after a “ping pong” between the state government and the high court.
The state government on August 12, 2009 had decided to refer the case to CBI after seeking permission from the high court. The move followed the reports that samples taken from the Shopian rape and murder victims had been tampered with, which created a furore in the assembly.
According to sources the government wanted to come clean on the decision of case handover to CBI. “CBI is not enjoying a good reputation in Kashmir and there is every apprehension they too might fail,” said a source. “They tried to put the onus on high court, so that if CBI handover doesn’t yield any result they will blame the high court.”
The High court on its part knew the case in detail and the baggage it carries. The court put the ball back in government’s court by declaring that it was the government discretion to choose the investigating agency.
On August 19, 2009 the division bench of the High Court comprising Chief justices Barin Ghosh and Mohammad Yaqub Mir said the court is concerned only with unveiling the truth. “We have no objection to the government’s decision to refer the case to CBI. We are only monitoring the case. We will intervene only if CBI appoints below rank officers to investigate the case as senior police officers have been arrested in connection with the case,” it said.
High Court had also sought suggestions from Majlis-e-Mushawarat, which is spearheading the fight for justice in the Shopian rape and murder case. Majlis on its part left it to government and High court to designate an investigating agency.
Later Law and Parliamentary Affairs Minister Ali Mohammad Sagar told reporters that the state government will proceed only after receiving a formal order from the court.
In this entire scenario CBI, assuming itself being turned into a scapegoat, expressed its reluctance to take up the case. After almost refusing to take the case, the premier investigating agency, in an unprecedented move, put a list of conditions to the state government for taking up the case.
The state found itself again on the wrong foot. Chief Minister Omar Abdullah had to hop to New Delhi to meet Home Minister P Chidambaram to persuade CBI to take over the case.
Sources say after some hectic negotiations the CBI is finally agreed to take over the case, albeit hesitatingly.
CBI is aware of the situation in Kashmir and various factors of the case.
The Shopian investigations have already dented the reputation of many officers. Its first causality were police officers posted in Shopian when the two women were found dead. These include SP Javed Matoo, DSP Rohit Basgotra and other officers.
The much-hyped Justice (retd) Muzaffar Jan that actually led to the booking of police officers found itself discredited as soon as it came out with its final report, that went to the extent of maligning the character of victims without any pieces of evidence. The infamous Jan Commission report has been an egg in the face of state government.
Another causality was the Superintendent of Police (SP) Haseeb Mughal, who assisted Justice Jan Commission as the investigation officer. Both Mughal and Jan lost their faces as the two accused each other for the unsavoury portions of the report. Mughal, who have solved the Tabinda Gani rape and murder case in Handwara some years back, was sought by Justice Jan from Kishtwar specially for assistance. After the controversy, Justice Jan bluntly alleged that Mughal had inserted the annexure in the report.
The latest casualty of the case is the Special Investigation Team (SIT) that government instituted to probe the case. The impression on ground now is that the SIT has doing nothing except attending meetings and court hearings.
According to Majlis Mashawarat spokesman Mohammed Shafi Khan, “the SIT working is a big disappointment. They are doing nothing and even the four accused are not being properly interrogated.”
Notwithstanding the probable transfer of case with CBI, the Shopian town is still simmering with discontent. Even after four months of the incident, the town is fully committed to bring the culprits to book.
The entire town is currently out of bounds for uniformed personnel. Last Sunday 30 people were injured in snow pelting and demonstrations, which broke out after two policemen were sighted in the market. One of them was a Sub Inspector with traffic police who had been recently posted in the town and was unaware of the situation.
Police cars currently take a detour around the town to enter and leave the district.
Black banners asking for justice and slogans like hanging of SP Javid Matto and DSP Rohit Basgotra are flying in the town.
The police has tried everything to subdue the population but with little impact. Till date they have registered 29 FIRs against people for indulging in various acts of hooliganism. Two have been booked under PSA also.
The common perception in Shopian is that the agitation has been given a break for the month of Ramadan. “The government has enough time till Eid and let us see what it does,” said Shafi, a shopkeeper in Shopian. “Otherwise we have our options still open. We are ready for a prolonged and more intense agitation and the responsibility will solely rest on government.”
