Professional Documents
Culture Documents
Reference(v)
Reference (v) is as under;
“to ascertain whether there was any failure on the part of any department in
the Government in the conduct of an investigation or handling of the post
incident situation”
The reference has to be considered for identification of two aspects:‐
a) Whether there was any failure on the part of any department in the
Government in the conduct of investigation;
b) Whether there has been any failure on the part of any department in
the Government in handling of post incident situation.
(a) Failure to conduct investigation:
To ascertain whether there has been any failure of any department in the
Government in the conduct of investigation, it will be fruitful to reproduce
facts of occurrence and also the relevant portion of the admissions made in the
statements deposed before the Commission by (1) Investigating Officer, SI Gazi
Abdul Kareem, (2) SHO Shafeeq Ahmad, (3) Dy.SP Hqr Rohit Baskotra, (4) the
then S.P Shopian Javed Iqbal Mattoo and (5) DIG South Kashmir Range Hqr
Anantnag Rajesh Kumar.
Admitted facts:
On 29th of May, 2009 when the wife Neelofar and sister Asiya of Shakeel
Ahmad Ahanger did not return from the orchard, he was alarmed and rushed
to the orchard which is situated at Nagabal Dehgam. He contacted the
inhabitants residing in the immediate vicinity of his orchard, but could not
locate the girls. The wife of one of the residents Ghulam Qadir, confirmed that
the girls had come to the orchard but they have gone back. The girls were not
traced in spite of the search, by police party and number of relatives till 2.30
AM during the intervening night of 29th and 30th May, 2009. The dead bodies of
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two girls were found in the river Rambi Ara Nallah between 6.30 to 7.00am on
30th May, 2009. It seems that from the moment the dead bodies were found,
the plan of the police including the investigating team was not to follow the
mandatory requirement of preserving the evidence to obstruct identification
of the culprits.
To assess whether there has been failure of Police to investigate the incident
strictly as per law and procedure, the Statement of officers of Investigating
Agency would project the true facts.
On scrutiny of the statement of SI Gazi Abdul Kareem, it is revealed that he
conducted search of the two missing girls, Neelofar and Asiya on 29th May,
2009. The search was resumed in the morning on 30th May, 2009 along with
the police force consisting of HC Abdul Rashid No 55, SGCT Fayaz Ahmad No.
225, Trilok Singh SGCT No 170, Ct. Sajad Ahmad No 689, Ct. Mohammad Yasin
No. 538, Ct. Mohammad Amin No 542, Ct. Ghulam Hassan No. 531, Gulzar
Ahmad SPO No. 135, Mukhtar Rasheed SPO No 207. SI Gazi
Abdul Kareem admits that the dead body of Neelofar was recovered at 5.30
AM from the river Rambi Ara Nallah and her clothes were not torn. The
witness states that feran was put on the dead body of Neelofar when her
clothes were not torn and no part of her body was exposed to indecent
exposure. The witness has no explanation why the dead body was covered
with feran, which could disturb and destroy any foreign matter on her body.
Although site plan was prepared by SI Gazi Abdul Kareem, but has no
explanation why the motorable road which is present on spot is not shown in
the site plan. SI admits that it is possible that the dead body had been carried
in a vehicle upto the spot, but he has no explanation why the area was not
cordoned off to preserve tyre marks of the vehicle, which could be a vital
evidence to trace the vehicle used in the crime. The SHO admits that a police
vehicle was brought on spot, to carry the dead body of Neelofar to hospital, by
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using the same road, which had been used by the culprits must have been lost.
It is also admitted that no guard was posted on the place from where the dead
body of Asiya, with wound on her forehead, bleeding nose, was recovered near
Ziyarat Bahu‐ud‐Din Sahib although the dead body was fully clothed. The SHO
has no explanation why the dead body was covered with blanket and in the
process mix up the evidence which could have been collected from the dead
body of Asiya. SI admits that no measurement of injuries and the weapon
which could have caused the injuries has been endorsed in the injury memo.
The witness has no explanation as to why he had not written the details of
injury and also the weapon used to cause the injury in the injury memo. SI
further admits that injury could have been caused by a sharp weapon, he
further admits that normally an injury with a sharp edged weapon on head
attracts an offence under section 307 RPC, yet no FIR was lodged. The
explanation for not registering FIR of the SI is that while he was waiting for first
team of doctors to conduct the post mortem examination which was still in
progress, a docket was received from police station which was an extract of
Naqlimand directing the witness to initiate inquest proceedings under section
174 CrPC. The direction was from SHO regarding both the dead bodies. SI says
that he cannot explain why FIR was not filed on the basis of injuries which
were present on the skull of dead body of Asiya. It is also admitted that if FIR
could have been filed, the resentment against government and call of hartal,
damage to government property and to the image of police department would
have been avoided.
SHO Shopian Shafeeq Ahmad has in his statement admitted, that the dead
body of Neelofar was found in his presence, but he took no measures to
ensure that the evidence, which might have been present from the exact spot,
where the dead body was lying in the river Rambi Ara Nallah, be preserved. It
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is also admitted by SHO that the place is approachable by a road, thereby
suggesting the presence of tyre marks of the vehicle in which the dead body
might have been carried. The SHO admits that he did not post any police guard
to preserve the marks of the tyres, on the contrary the SHO has stated that he
directed the police vehicle to use the same road to carry the dead body out of
the river to the hospital, thereby obliterating all possible marks of tyres. If
precautions would have been taken, this evidence could have helped to trace
the vehicle used in the crime. The SHO did not inform the relatives and the
members of search party, not to touch the dead body, to ensure that any
evidence on the dead body is not disturbed, and any foreign substance which
could connect the crime to the accused, would not be destroyed. In fact the
SHO permitted the dead body of Neelofar be dragged out of the shallow spot
of the river, where the dead body was resting on boulders and taken to the
bank. The SHO admits in his statement that one of the relatives of Neelofar put
a feran on the dead body and then the dead body was photographed. SHO did
not take sufficient precautions to have the dead body of Neelofar
photographed before disturbing her clothes. SHO also admits in his statement
that he did not examine the dead body of Neelofar to ascertain visually
whether, there were injuries present on her dead body, and he also did not
prepare any injury memo on spot. In these circumstances, the evidence which
was available on spot and before the feran was put on the dead body to
ascertain whether dead body was naked or not was lost.
The SHO admits that he was informed by the second search party, that the
dead body of Asiya has been recovered at a distance of one and a half km
down stream from the spot where the dead body of Neelofar was recovered.
The SHO did not bother to rush to the place of recovery of dead body of Asiya.
He took no pains to give firm instructions either to the relatives constituting
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the team of second search party, or to his own police persons, accompanying
the search party, that they should not disturb the dead body before his arrival
on spot. The SHO admits that the procedure and rules do provide that the
dead body should not be removed from the scene of occurrence, unless all
available evidence is collected, but in spite of the knowledge of rules he did
not obey the rules. The SHO however, admits that the dead body of Asiya was
recovered from the river Rambi Ara Nallah at the distance of 500 mtrs from
the mosque which is located on the bank of the river towards Shopian side, but
he never visited the spot, to look for any evidence. The SHO has admitted that
there has been no drowning case reported to him during his tenure, and even
during last 10 years. The SHO also admits that from the dead body of Asiya, she
appeared to be of 17 years, weighing between 30 to 40 kgs. It is also admitted
that a weight of 30 to 40 kgs distributed in a gunny bag, if made to float in
Rambi Ara Nallah and thrown from the Zavora Nagbal bridge will not cover a
distance of one and a half kms, upto the spot from where the dead body of
Asiya was recovered, which means that the dead body was not thrown from
the bridge and was not carried by the water. The SHO admits that the dead
body must have been carried in a vehicle, in a tractor trolley, because small
vehicles cannot reach the spot from where dead body of Asiya was recovered
in the Rambi Ara Nallah. The spot where the dead body of Neelofar was
recovered is closer to the Zavora Nagabal Bridge. The spot is approachable by
motorable road. SHO admits that he did not check the tractor trolleys that
normally operate in the area, for detection and the presence of blood stains in
the trolleys immediately after recovery of dead bodies. The SHO admits that
although there is a road leading to the spot where the dead body of Asiya was
found but he cannot explain why the road has not been shown in the site plan
prepared by SI Gazi Abdul Kareem. SHO admits that Asiya did not have any
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fatal ailment, she was a healthy girl and there was grave injury on a vital spot
of her head. The SHO could not explain that in spite of existence of a grave
injury on the vital part of the head of the dead body of Asiya, why FIR was not
registered under section 324 RPC or 323 RPC. SHO also admits that although
the public was alleging involvement of CRPF jawans in commission of this
‘crime’, he did not, at any point of time, make any effort to ascertain from the
CRPF camp as to how many jawans had proceeded on leave immediately after
the occurrence, and he did not examine any jawan to ascertain whether there
were any scratch marks on their faces, necks or other parts of the body. It is
also admitted that the measurement of injury on the head of Asiya and the
weapon which could cause such injury, were not endorsed in the injury memo.
SHO in his statement admits that golden ornaments were present on the dead
body of Neelofar when her dead body was recovered, suggesting that theft or
robbery was not the motive of the culprits, but in spite of the injury on the
head of Asiya, the presence of golden ornaments and state wide resentment
and anger, no FIR was lodged under any provision of law. SHO also admits that
he did not, at any point of time, ask Dr. Nighat who was head of the second
team of doctors, about the result of post mortem examination of both the
dead bodies, whether the girls had been raped or not. It is however, admitted
by the SHO that if FIR would had been registered on 30th May, 2009 and
investigation initiated, with dedication and impartiality, public anger,
resentment and loss of life, permanent damage to the image of police
department, would have been averted. From his experience the SHO reveals
that the girls had been raped and in order to cover up the rape they had been
murdered. It is also admitted had he taken up all preventive measures to
preserve evidence, culprits would have been identified.
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Statement of witness Mr. Rohit Baskotra, Dy.S.P Headquarter, Shopian on
oath summoned by the Commission on 18th June, 2009 is in verbatim as
under;
The witness stated that I am at present Dy. SP Headquarter Shopian as
supervising officer of the police station, Shopian. I have been posted in August,
2008. I have been appointed in October 2001. I am member of the
Recruitment Board of IRP Battalions in South Kashmir only. I had gone to
Anantnag and thereafter to Srinagar on 29th of May, 2009 on official work. I
returned back in the evening of 29th May, 2009. In the morning of 30th May,
2009 I again left for Anantnag on official duty. I was asked by the DIG to return
back to Shopian. I reached the hospital at Shopian at about 10.00 AM. Crowd
had gathered at the gate of the hospital and I walked and entered the hospital.
People were pelting stones on the hospital. I tried to pacify the crowd. I was
directed by the SP to go to Kigam on official duty and I left for Kigam at about
12.30 PM. I attended the official work at Kigam and returned at about 1.30 PM.
I returned to hospital. The team of doctors was inside the hospital. I was at the
gate controlling the mob. The second gate of the hospital was broken by the
mob then cane charge was resorted to disperse the mob. I did not see the
doctors conducting the post mortem. I stayed guarding the hospital till late
hours in the night. Information was receipt about the death of Numberdar of
Nasralpora Kellar by assault on him. I informed the higher authorities.
On question by CPO assisting the Commission, the witness said that I would
supervise the investigation of the crime of police station Shopian. I was
informed in the morning that dead body of a lady has been recovered. I asked
SHO for information and was informed that the dead body is of the lady who
had gone to the orchard on the previous night and was missing since then. In
spite of information of the recovery of dead body, I left for Anantnag on official
duty. I must have left for Anantnag at 6.30 AM on 30th of May, 2009. I ranged
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up the SHO when I was travelling on my vehicle on my way to Anantnag. I did
not remember the exact spot from where I called the SHO. I did not go to the
exact spot from where the dead body of Neelofar and also Asiya were
recovered but I went up to the Zavora bridge. I even went in the Nallah just
behind the present District Police Lines. The place from where the dead bodies
had been recovered had not been cordoned by the SHO. It is mandatory that
the place where the dead body is found has to be cordoned off to preserve
evidence. I did not take any action against the SHO for his failure to cordoned
off the area. I have seen the photographs of the dead bodies. The photographs
of dead body of Neelofar have been taken at the exact spot from where the
dead body was found, but the dead body of Asiya was removed to one side
and then photographed as appears from the photographs. Dead body of
Neelofar had already clothes on when she was recovered but some one had
put a feran on the dead body. The dead body of Asiya was also covered with
clothes, but the dead body had been covered with a blanket. It is possible that
by wrapping the dead body of Asiya in a blanket and by putting the dead body
of Neelofar in a feran, any evidence like hair or thread of the sweater or cloth
of the culprit could have been traced to use as an evidence to identify the
culprit and the same was lost. I did not take any action against the SHO. I have
not seen the exact spot where the dead body of Asiya was found in the river.
The photographs shown to me of two girls are of Asiya and Neelofar. Asiya is
shown wrapped in a blanket and Neelofar in a feran. Tractors with trolleys
move in the Rambi Ara Nallah to extract sand and stones. Sumo jeep can also
ply in the Nallah. The dead bodies must have been thrown between 2.30 am to
5.30 am in the morning of 30th May, 2009. It is not possible for one man to
carry two dead bodies and place them at a distance of one and a half kms
separating to two dead bodies. A tractor or a sumo or an animal can be used to
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carry the dead bodies to the place where they were thrown. I did not check as
to how many people possess horses in the vicinity of the place where from the
dead bodies were recovered. I did not check the tractor trolleys for
identification of blood stains, which operate in the area of Rambi Ara Nallah. I
did not check the tractor trolleys and saddles of the horses because Special
Investigating Team (SIT) was set up to investigate the murder case. The first SIT
was set up on 30th May, 2009 by the DIG SKR. I was not directed by the DIG
SKR not to continue to investigate and ascertain the cause of death of the two
girls. I was still continuing with the investigation through my team. The
husband of Neelofar and brother of Asiya did not suspect any person in the
foul play. He did not suspect the involvement of forces in the murder. People
can suspect anybody. The police station was not stoned but the J&K Bank
building was stoned. There is resentment against the police department
because of the present incident. I cannot say why the people are annoyed with
the police. I have never heard any body from public saying that SOG personnel
are involved in the death of the two girls. The Shopian town is under hartal
since last 17 days. The demand of the people is to produce and arrest the real
culprit and that is why they are observing hartal in the town. I never saw the
dead body of Asiya. I read in the police diary that
Asiya had an injury on her forehead. If a person is hit with a sharp weapon on
the head and injury is caused, FIR can be filed under section 324 RPC. There is
no provision which forbids registration of FIR during the pendency of inquest
under section 174 CRPC. I cannot give any reason why FIR was not filed even
under Section 324 in view of the injury which was existing on the forehead of
Asiya. I have read the Police Manual. I have read the chapter which provides
procedure for conducting investigation from the manual. In the Police Manual
it was mandatory for me to proceed and visit the place where from the dead
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bodies of Neelofar and Asiya had been recovered and to look for evidence. I
did not go to visit the place of recovery of dead bodies because I was busy with
law and order problem. There were other officers including SP, Dy.SP(Ops.)
SHO, and CRPF deployment to look after the law and order problem. Beyond
the above stated explanation, I cannot give any other explanation. SHO met
me within the premises of hospital Shopian. I enquired from
SHO as to what is the condition apparently of the dead bodies. SHO had
initiated proceedings under section 174 CRPC and he informed me about this
fact. I approved of his action. The Executive Magistrate was not informed
about the initiation of proceedings under section 174 CRPC. I was not informed
about the missing report of the girls during the night of 29th & 30th May, 2009
by the Police Station. The search party had left between 5.00 and 5.15 AM in
the morning of 30th May, 2009 from police station. SHO did not intimate me
when he left the police station in the morning of 30th May, 2009. I was
informed by Police Control Room about the recovery of dead bodies.
Statement of the witness, Mr. Javed Iqbal Mattoo, the then S.P. Shopian on
oath summoned by the Commission on 11th and 12th June, 2009 is in verbatim
as under;
Mr. Javed Iqbal Mattoo, SP Shopian in his statement has admitted that on
30.05.2009 around 5.00am he was informed by the SHO that two girls are
missing, since the previous night, and after some time the SHO again rang up
to inform that the dead body of lady Neelofar, has been found in the Nallah.
After 50 to 60 minutes SHO again rang up and inform that another dead body,
of Asiya has also been recovered from Arhama from river Rambi Ara Nallah.
The witness admits that it was at 9.30 to 10.30 am when one of his friends
Hilal Ahmed informed the witness, about the tension in the hospital. The SP
called escort and proceeded to the hospital, on reaching hospital, the SP saw
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two persons had caught hold of collar of shirt of Dr. Bilal and were pushing
him. The relatives of the two girls were insisting that they should be informed
about the cause of death, which the doctor refused to reveal at that moment.
This infuriated the crowd, the crowd became violent, started pelting stones on
the hospital. In his statement SP admits that when the SHO informed him
about the recovery of two dead bodies he did not proceed to visit the spot
although he was not ill, indisposed and was not busy with any law and order
problem. The witness admits that no member of his family was ill and yet he
did not rush to the place where from dead bodies have been recovered. The SP
also admits that he did not directed the SHO not to disturb the dead body or to
seek assistance of expert to assess and collect evidence around the first dead
body of Neelofar. Witness also admits that no instructions were given to the
SHO to cordon off the area and not to allow any person to disturb anything in
order to preserve evidence. The S.P admits that he did not take any
precautions to save the evidence that might have been present at both the
spots where dead bodies of Neelofar and Asiya were recovered around 6.00
AM in the morning of 30th May 2009. S.P. admits that there is an injury of large
size at the head of the dead body Asiya. It is also admitted that no
measurements of injury have been taken and no mention of the weapon used
to inflict the injury has been written. S.P has no explanation as to why he did
not give directions to the SHO to write the details of injuries, which were on
the head of Asiya and also nature of weapon, which caused injury. S.P. says
that without checking, whether the doctors had taken the organs, brain and
heart, he was satisfied on his own perception that doctors must have done
their duty. It is also admitted that no action has been taken against SHO for
committing lapses in the investigation and leaving lacunas in collection of
evidence. While admitting that police is duty bound to register FIR in
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cognizable cases and offences under section 376, without a formal complaint.
It is also admitted that since the husband of the deceased Neelofar had not
complained of rape and murder of his wife, therefore, offence under section
302 or 376 RPC was not registered. S.P admits that he had not at any point of
time examined the dead bodies of the deceased ladies.
S.P admits that it was not a case of theft or robbery, because the golden
ornaments were present on spot. It is also admitted that although the samples
were sent to Forensic Science Laboratory on 30th May 2009, but no reminder
was sent to Forensic Science Laboratory to expedite, sending of opinion in
spite of turmoil, disturbances, hartals and breakdown of entire administration.
It is also admitted that S.P did not personally ring up any officer of the Forensic
Science Laboratory, but was in touch with IGP on phone. In one breathe S.P
has stated that he was in consultation with Advocate General for clarification
of section 174 CRPC and his powers to register FIR, but in the same breathe
S.P has contradicted himself and stated that he did not at any point of time
either seek legal opinion of Advocate General or talked to him on phone or
dispatch any communication in writing for opinion. The S.P seems to have
given a false statement. The only explanation given by the S.P for deposing a
contradictory statement is that the statement was made due to misuse of
words. Without actually visiting the spot and without actually looking for dead
bodies, the S.P has stated that he is confident that the dead bodies were not
naked. The S.P has not explained on what basis the statement is made. The S.P
in his statement admits that, there was no indication or evidence that murder
has not been committed but he was all along in touch with his superior
officers regarding the course of investigation. S.P admits that during his entire
duration of 10 years, he has not investigated any rape or murder case. It is also
admitted that although first precaution is to preserve the scene of recovery of
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dead body, but the same has not been done in the present case. It is also
admitted that incident has caused loss of business, colleges, Government
institutions, damage to studies of students, stoppage of tourist trade in the
state. It is also admitted that the incident has caused further alienation of
public and resentment against the Police Department. The people demand
removal of S.P., Divisional Commissioner and Chief Minister. The witness
admits that if FIR under section 302, 376 RPC would have been registered on
30th May 2009 and culprits would have been apprehended after proper
investigation, there would have been no loss of life or hartals and the
dissenting anti national elements would not have made political gain. The
witness says that he has been transferred to a District, which is nearer to his
residence and larger in size than District Shopian.
Statement of the witness, Mr. Rajesh Kumar, DIG South Kashmir Range Hqr
Anantnag on oath summoned by the Commission on 13th June, 2009 is in
verbatim as under;
The Witness stated that on 30th of May, 2009 I was informed by S.P. Mr. Javed
Mattoo at 9.00 am in the morning, that two dead bodies have been recovered
from Rambi Ara Nallah river in Shopian. I was also informed that a missing
report had been lodged in the evening of 29th May, 2009 and a search party
was constituted to trace the girls but they could not trace the girls till late
hours in the night. Mr. Javed S.P. also informed that one girl Neelofar was from
Tukroo and was married to a person from village Bongam and as soon as
villagers of Tukroo got the news of the death of Neelofar there was tension in
the area and they have come to Shopian town. The dead bodies were
recovered in the morning and sent for post mortem to the main hospital at
Shopian. I was busy in recruitment process of followers in IR Battalion. In the
afternoon Mr Javed S.P informed that there has been a law and order problem
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in the town over the incident of the two dead girls. The tension and
resentment of public was on the demand of getting the dead body of girls
examined by another team of doctors to establish the cause of death. I was
also informed in the evening that the situation is not improving it is becoming
worst and there is law and order problem in the town. I left Anantnag and
came to Pulwama at about 5.00 pm in the evening. All roads of Shopian were
closed because of road blockade created by the inhabitants of the villages as
an act of protest against the administration. On the second day that is 3Ist of
May, 2009 I was informed by S.P. Javed that the law and order situation is
worsening and there is no let off in the tension in the town. Divisional
Commissioner, IGP had also to come to Shopian but they could not proceed
beyond Tukroo because of intense pelting of stones by the mob and villagers of
Tukroo. We all returned back to Srinagar. As the situation was worsening and
there was wide spread disturbances resulting in breakdown of complete law
and order, a special investigating team was constituted on 30th evening to look
into the allegations and to investigate and to identify the culprits. On 1st of
June, 2009 I made another attempt to come to Shopian but I could not
proceed beyond Pulwama during the day, I could only succeed to reach
Pulwama in the evening. I made arrangements and deployment for the entire
range to control the situation and prevent damage to the private and public
property. I stayed over night at Shopian, and briefed the SIT officers regarding
the course of investigation they should adopt. The District S.P was also briefed
about the steps to be taken to control the law and order situation in Shopian
town. The whole day of 2nd June, 2009 was consumed in controlling the
agitated and violent mob and in maintaining the law and order situation in the
town of Shopian. The disturbing and acute law and order problem continued
even on 3rd June. I was all along monitoring and supervising the investigation of
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Special Investigating Team attending to the law and order controlling demands
and also to official duty at Srinagar to attend a meeting in the office of
Divisional Commissioner, Kashmir. The same engagements are continuing till
date. During this period, I spent 3 to 4 nights at Shopian and visited the place
from where the dead bodies were recovered 3 to 4 times. I could not however,
visit the place where the second dead body that is of Asiya was recovered.
On question by Abdul Majid CPO assisting the Commission stated that I have
been in service since 14 years. I have been in Anantnag since three months.
Earlier to my posting in Anantnag, I was SSP Rajouri. At Anantnag when I was a
probationer in 1997 I investigated a murder case but I do not know the result
of case but I got the information that some accused were convicted. I have not
investigated any rape case. I did not visit the spot from where the dead bodies
were recovered on 3oth because I was on official duty busy in Anantnag. I have
examined the case diaries and I would monitor the investigation at frequent
intervals. There are no detailed description of injury on the vital part of the
head of Asiya that is there are no measurement of length, depth of the injury
and also the nature of weapon which could likely cause the injury, whether the
weapon could have been a sharp edged or a blunt weapon or a sharp stone
have not been written. I have not seen the injury report earlier because the
investigation was being supervised by S.P Mr. Javed. The photographs of the
two dead bodies were not taken at the exact spot where they were taken, the
bodies had been pulled out of the river and kept on the banks of the river. The
S.P did not inform me whether the place from where the dead bodies had
been recovered was ordered to be cordoned and preserved for collection of
evidence. No direction was given to the SP to cordon off the area from where
the two dead bodies were recovered from the river Rambi Ara nallah.
Generally it is expected from SHO and SP to take sufficient measures to cordon
16
off the area and preserve evidence which might be available at the place of
recovery of dead bodies. In this case no such measures were taken and
presumption would be evidence was lost. In the present case the SHO and SP
have not cordoned off the area and there is a possibility that evidence which
might have been available would be lost. The second dead body of Asiya as
reported was recovered from the middle of the river around 2 kms down
stream. I have seen and inspected the river on Rambi Ara Nallah from both
sides. The river has huge big boulders and the river is constituted of number of
small streams from the upper and lower side of the river. From the inspection
of the river I am of the opinion that a tractor can conveniently cross the river
rather than a truck. It would be convenient for the suspect to carry the dead
body for disposal in a tractor if there is a tractor path leading to the place from
where the dead body was recovered, rather than to carry the dead body on
the shoulder. I had given instructions to SP 3 to 4 days back to check all the
tractor drivers for any lead or suspicious action leading to any clue. The
hospital was attacked by the mob on 30th May, 2009. S.P reported that the
doctors had conducted the post mortem of both the bodies initially by one
team of doctors and then by the second team of doctors. I did not ask the S.P
whether the samples of brain, heart, liver, kidneys, and stomach have been
taken of both the dead bodies at the time of autopsy. Since the doctors are
experts in their subject and are supposed to collect all samples as per
requirement from the dead bodies therefore, I did check the record but there
was no mention as to what the doctors have sent to Forensic Science
Laboratory. This incident had created an uproar and law and order situation in
the entire valley. The S.P and SHO were investigating and the samples were
sent by the hospital staff through our Head Constable on 30th May, 2009 in the
evening and they were received on 1st of June, 2009 in the Forensic Science
17
Laboratory. I did not send any reminder personally to the Forensic Science
Laboratory right from 1st June to 6th June, 2009 asking them to expedite the
submission of opinion in spite of the fact that there was total hartal closure of
schools, colleges, government offices, business establishments and complete
loss of tourist trade, violent protests by the citizens. I however, directed the S.P
to expedite and get the opinion with all speed and depute a Head constable to
get the report. It is a fact that public anger was towards the forces and public
suspected that the crime has committed by the forces. It is a fact that the
public anger was rightly or wrongly directed towards the forces. It would also
have been expedient if the report of the Forensic Science Laboratory would
have been earlier to avoid the disturbances of the remaining days. I had
directed the S.P to check whether any police or CRPF party was on duty in
intervening night of 29th or 30th May, 2009. Since I was engaged in other official
duty I did not ask for the feedback from the S.P. I did consult legal experts on
the point whether during the pendency of proceedings under section 174 CRPC
FIR could be registered under section 302 for murder of Asiya on the
justification that she had an injury with a sharp edge weapon on her head
which is a vital part of the body and also under section 354 RPC regarding
Neelofar in order to defuse the public anger and save the life and property of
the citizens. The legal opinion given was FIR can be filed during the pendency
of inquest proceedings under section 174 if there is supporting material
available on record. I did not personally go to the Forensic Science Laboratory
to have the opinion expedited between the 1st June and 6th June, 2009 because
I was busy in law and order situation. Telephonically I was requesting the IGP
to have the Forensic Science report expedited. The S.P did not send any
person except that one Head Constable Ghulam Nabi was all along present at
Srinagar because he had taken the sample to Srinagar. The age of the two girls
18
was one 17 years and other 22 years. It is a fact that the girls in villages have
stronger muscles they are used to manual work and are trained to cross
streams with a firm foot without slipping as compared to city girls. There has
been no report of death due to drowning in the stream in the past three
months. I did not convey to IGP Kashmir that the death of the girls is due to
drowning. IGP Kashmir did not asked me about the cause of death therefore
there was no occasion to say that the death was due to drowning. I cannot say
whether it is a normal transfer or it is an out of way transfer of SP. Javed
Mattoo. It was not reported to me at any time that the SP Shopian Javed
should be removed or that the Divisional Commissioner, Kashmir should be
removed. There is no hartal in Anantnag. I read Greater Kashmir Newspaper.
Normally Hurriyat people give the call for hartals. The call of the hartal was
upto 8th June. There was no call for hartal on 9th June, 2009. It is a fact that the
Bar Association has filed a writ petition before the Hon’ble High Court with the
specific plea that the FIR under section 302 RPC be registered and culprits
brought to the book. There has been no direction from the Hon’ble High Court
to register the case under section 302 RPC we file the FIR on the material
which we collected during investigation. I cannot say that by filing of FIR on 8th
there has been softening in the attitude of the people and Hurriyat have also
not given the call for hartal because FIR under section 302 RPC has been
registered. It is a fact that Police have nothing to hide. It is also a fact that the
anger was towards the forces which includes police forces. The filing of FIR on
30th May, 2009 would not have made any difference.
To sum up, the admissions made by S.I Gazi Abdul Kareem in his statement
before the Commission :
1. S.I admits that he did not cordon off the area from where the dead body
of Neelofar was recovered as envisaged under Rule 601 Police Manual.
19
2. The motorable road by which the dead body of Neelofar was carried
has not been shown in the site plan.
3. The tyre marks of the vehicle carrying the dead body were not
preserved.
4. Dead body of Neelofar was not examined for recording external injuries,
before being taken out of river.
5. The dead body of Neelofar was not photographed, when the dead body
was resting on boulders in the river.
6. No tractor trolleys operating in the area were seized for inspection and
detection of blood stains.
7. The feran was permitted to be put on the dead body of Neelofar,
thereby destroying any evidence present on the dead body.
8. Golden ornaments present on the dead body not stolen from the dead
body of Neelofar, leading to inference that theft, robbery was not the
cause of death.
9. No history of drowning in the Rambi Ara Nallah and no chance of
drowning in shallow water of the river, yet no FIR filed.
10.No reminder sent to scientific experts of Forensic Science Laboratory to
expedite sending of report of rape, which was ready on 2nd June 09 and
was sent by them on 6th June 2009, which delay could have been
avoided.
11.No justification to refuse registration of FIR, in view of violation of
section 157 CRPC read with 579 and 580 of police manual.
12.The place of recovery of dead body of Asiya, not visited not cordoned ,
not preserved for collection of any evidence by the S.I.
20
13.In spite of grave injury with the sharp edged weapon measuring 2X3 cm
long and 1 cm deep on vital spot of head, yet no FIR lodged under any
relevant provision of RPC.
14.No details of measurement of injury present on the forehead of dead
body of Asiya recorded in injury form.
15.No questionnaire submitted to doctors conducting post mortem asking
opinion as to the nature of weapon likely to have caused the grave
injury on the head of Asiya.
16.Witness admits that by delaying the FIR, resentment has been caused
and hence the image of administration and Police Department has been
disgraced.
To sum up , the admission made by Shafiq Ahmad, SHO Police Station
Shopian.
1. SHO admits that the police rule provide that on recovery of dead body,
the dead body should not be removed from the scene of occurrence
unless all available relevant evidences is collected and safely preserved.
2. Admits that no photographs were taken of the dead body from where
the dead body of Neelofar was initially found.
3. Admits that photographs were taken on the dry place where the dead
body was shifted after recovery from the nallah.
4. Admits that he did not direct Constable Sajad to ensure that the dead
body is not touched by anybody on recovery and the dead body is not
shifted from the place of recovery.
5. Admits that he did not cordoned off the area to preserve evidence.
6. Admits that he did not make notes of possible injury on the dead bodies
at the time of its recovery.
21
7. Admits that he cannot give reasons as to why he did not post any of the
four policemen who were with him to guard the place from where the
dead bodies were recovered.
8. Admits that site plan prepared by Gazi Abdul Kareem, SI was initially
seen by him but he did not direct the SI to depict the road approaching
the Rambi Ara river.
9. Admits that he did not check any tractor trolley which normally operates
in the area for identification of blood stains in the trolleys.
10.Admits that he cannot explain why the road is not shown in the site plan
by the SI who was investigating the proceedings under my immediate
supervision.
11.Admits that DIG South or SP Shopian did not restrain him from
registration of an FIR and he cannot give any reasons that why he did
not register FIR even under section 323, 324 RPC in spite of the fact that
there was injury on the vital part of the dead body of the deceased
Asiya.
12.Admits that the measurements of the injuries found on the body of the
deceased were not recorded and the memo has not been prepared in
his presence.
13.Admits that as SHO he did not put questionnaire requiring the expert
medical team, conducting the post mortem for the opinion regarding
nature of injuries and also nature of weapon, used in causing the
injuries.
14.Admits that he did not deem it expedient to ask Dr. Nighat as to whether
rape has been committed on both or either of the two deceased.
22
15.Admits that if the FIR would have been registered on 30th May, 2009 and
investigation would have been speeded up, the anger and resentment
among the public would have lessened.
16.Admits that if he had consulted Dr. Nighat and sought her opinion about
the prima‐facie existence of rape, an FIR would have been filed.
17.Admits if all precautions would have been taken during investigation,
the essential evidence would have been preserved.
18.Admits that the injury memo is prepared after the inspection of the
injuries visible to an open eye on the examination of the dead body.
To sum up , the admission made by Mr. Rohit Baskora, Dy. SP Headquarter,
Shopian.
1. Admits that he had to supervise the investigation of all crime falling
within the jurisdiction of Police Station Shopian.
2. Admits that he did not go to exact spot, where from the dead bodies of
Neelofar and Asiya were recovered.
3. Admits that it is mandatory that the place where the dead body is found
had to be cordoned off to preserve evidence.
4. Admits that he did not take any action against the SHO for his failure to
cordon off the area being Supervisory Officer.
5. Admits that the photographs of the dead body of Asiya were taken after
it was removed from the actual spot where it was lying, in the Nallah.
6. Admits that had the precautions been taken to preserve evidence there
was likely‐hood to find evidence like hair, thread of the sweater or cloth
of the culprit, which was lost because of failure on the part of police by
shifting the dead bodies from its actual place.
7. Admits that he received no direction from DIG SKR not to continue with
the investigation and to ascertain the cause of the death of the
deceased.
23
5. No effort was made by the S.P to visit the scene of place from where the
dead bodies were recovered during the entire day of 30th May 2009.
6. No details of measurement of injuries on the head of the deceased are
entered in the injury form and the S.P has not monitored it.
7. S.P admits that no action against the SHO has been taken for
committing lapses in the investigation and for allowing the evidence to
be destroyed by his negligence.
8. The SP admits that in cognizable cases, it is not necessary that a
complaint should be lodged, but adds that complaint was not lodged by
Shakeel Ahmed Ahanger, husband of Neelofar or by Abdul Hi, father of
Neelofar, therefore FIR was not lodged under section 375 RPC.
9. The S.P has admitted that without actually seeing the dead body at the
time of recovery from the spot, where they had been thrown, he is
confident that the dead bodies were not naked.
10. S.P admits that inspite of breakdown of administrative machinery,
anger, resentment and also hartal to register FIR under section 376, 302
RPC, he did not send any reminder to Forensic Science Laboratory to
expedite the submission of opinion.
11. Witness admits that it is possible that if FIR under section 302, 376 RPC
had been registered on 30.05.2009 and culprits would have been
apprehended after proper investigation, there would have been no loss
of life, no disturbances and hartals.
12. It is also admitted that he did not ring up any officer of the Forensic
Science Laboratory.
13. S.P in one breath has stated that he was in consultation with Advocate
General as to whether FIR can be lodged, during the pendency of inquest
proceedings under section 174 CrPC and in the next breathe, the SP has
25
21. Witness also admits that the people demand removal of S.P, Shopian,
Div. Com. and Chief Minister.
22. It is also admitted that although, he asked details for deployment of
patrol pattern of CRPF Company, he got no reply and did not send any
reminder and he conveniently forgot to pursue to get the information.
23. It is also admitted that he did not ask any information as to how many
persons had proceeded on leave immediately after 30.05.2009 or on 1st
and 2nd June 2009.
24. The witness admits to have been transferred to a larger district and
closer to his home.
To sum up the admission made by Mr. Rajesh Kumar, DIG South Kashmir
before the Commission.
1. Admits that he did not carefully observe the delay caused in obtaining
FSL report nor called for notes on progress of proceedings in this case of
public importance as enjoined upon him as DIG in terms of Rule 604
(14)of Police Manual.
2. Admits that he did not issue any written instructions for carrying out
efficient supervision of investigation.
3. Admits that no steps were taken by SP and SHO to preserve evidence
which might have been available at the place of recovery of dead bodies.
4. Admits that the presumption is that the evidence was lost.
5. Admits that as DIG range, he did not send reminder personally to FSL to
expedite the opinion in spite of violent protests all over the Valley.
6. Admits that it would have been expedient, if FSL report could have been
earlier collected to avoid disturbance of remaining days.
7. Admits that he did not consult legal experts whether during pendency of
proceedings under section 174 CrPC if FIR could be registered on
27
6. The S.I. Gazi Abdul Kareem, S.P Javed Iqbal Mattoo and DIG Rajesh
Kumar have admitted that they have not sent any reminder in writing or
made any effort to follow up, and ensured the speeding up of the opinion of
Forensic Science Laboratory in order to prevent delay and speed up the
investigation.
7. The S.I. Gazi Abdul Kareem, SHO Shafeeq Ahmed, have admitted that
they have not seized any vehicle or a tractor and have not made any effort to
detain any person for questioning in order to identify the culprits responsible
for the murder immediately after the incident.
8. The S.I. Gazi Abdul Kareem and SHO Shafeeq Ahmed have admitted that
the details and nature of injuries and the weapon used to inflict the injuries
have not been written in the injury memo and no questionnaire has been sent
to the team of doctors, who performed the post mortem.
9. The DIG Rajesh Kumar had admitted that he has not consulted any legal
expert, whether FIR could be registered under any offence in the present case.
On the admission of the S.I, Gazi Abdul Kareem, SHO Shafeeq Ahmed, Dy. SP
Rohit Baskotra and even S.P. Javed Iqbal Mattoo that there was a grave injury
at a vital spot on the head of the dead body of Asiya. It is also admitted by S.I.
Gazi Abdul Kareem, SHO, Shafeeq Ahmed, and S.P, Javed Iqbal Mattoo, that
there has been no drowning case reported during their tenure in the Rambi
Ara Nallah. All the three officers investigating in the cause of death of Neelofar
and Asiya have not given any acceptable explanation, why FIR was not
registered under any relevant provision of penal code in spite of sufficient
evidence, mounting public resentment and the apprehension of complete
collapse of law and order situation.
29
Section 157 (B) of CrPC gives wide powers to an officer incharge of P/S to
refrain from investigating in un‐important cases, but it mandates every officer
incharge of Police Station, on receiving information of commission of offence,
to evaluate the intrinsic importance of the alleged offence, sensitivity of
allegations and the expressed pleas of the complainant, even if the complaint
may initially appear to be trivial, but may if investigated with professional
competence, dedication and impartiality lead to collection of valuable and
relevant material to commission of a heinous crime and justification of
registration of FIR, resulting in conviction of the accused. This discretion is
bound to prove fruitful at a later stage for future preventive crime.
Rule 579 of police manual provides “ in practice it is seldom advisable for any
officer of the Police station to avail himself of the powers to refuse
investigations, which the law gives him”, which clearly lays down that the
officer incharge police station may refuse to investigate a case, but must avoid
refusal to investigate and preferably exercise the powers given under the Act
to proceed to investigate the case.
Rule 580 of police manual reads as under :‐
“When a report of cognizable case is recorded and it is decided
not to dispense with the investigation under section 157 (1) (b)
CrPC, a police officer shall proceed to the scene immediately. The
officer who first proceeds to the spot shall if he be not competent
to complete the investigation, take all possible steps to preserve
the scene of crime from disturbance, to record particulars of and
secure the presence of potential witnesses, obtain information
relating to the case and arrest the culprit”.
From perusal of the above rule, it is clear that it is the duty of all investigating
officers, to preserve the scene of crime, from disturbance and to record
particulars of the scene of crime and secure the presence of potential
witnesses. The rule has been observed more in violation, than in compliance,
30
with contempt, indifference and defiance by all the three police officers
investigating the case.
On the admission of S.I. Gazi Abdul Kareem, SHO Shafeeq Ahmed and S.P
Javed Iqbal Mattoo, there was a grave injury at a vital spot on the head of
dead body of Asiya.
It is also admitted by S.I. Gazi Abdul Kareem and SHO Shafeeq Ahmed that
they were personally convinced that both the girls have been raped and killed
to wipe out the evidence, yet both the officers started inquest proceedings
under section 174 CrPC without complying with the mandatory requirement of
informing the nearest Executive Magistrate to hold inquest proceedings.
The proceedings under section 174 CrPC are initiated when death of a person
is suspected by suicide, or by an attack of a wild animal, or an accident or the
death is in suspicious circumstances. In the instance case, there was no
justification to suspect death by drowning, suicide or by an attack of wild
animal or an accident.
Section 174 CrPC is reproduced as under :‐
(1) “ When the officer in charge of a police station or some other police
officer specially empowered by the State Government in that behalf
receives information that a person has committed suicide, or has been
killed by another or by an animal or by machinery or by an accident, or
has died under circumstances raising a reasonable suspicion that some
other person has committed an offence, he shall immediately give
intimation thereof to the nearest Executive Magistrate empowered to
hold inquests, and, unless otherwise directed by any rule prescribed by
the State Government, or by any general or special order of the District or
Sub‐divisional Magistrate, shall proceed to the place where the body of
such deceased person is, and there, in the presence of two or more
respectable inhabitants of the neighbourhood, shall make an investigation,
and draw up a report of the apparent cause of death, describing such
wounds, fractures, bruises, and other marks of injury as may be found on
31
the body, and stating in what manner, or by what weapon or instrument
(if any) ; such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by
so many of them as concur therein, and shall be forthwith forwarded to
the District Magistrate or the Sub‐Divisional Magistrate”.
From plain reading of the above section it is clearly established that the
investigating agency has obeyed the above section more in breach and made
all efforts to avoid registration of FIR and proceeded to conduct inquest
without complying with the mandatory requirements of intimating the nearest
Executive Magistrate.
In the instant case, the entire investigating agency including the S.I, Gazi Abdul
Kareem, SHO Shafeeq Ahmed, Rohit Baskotra, Dy.S.P and S.P, Javed Iqbal
Mattoo have taken all steps to refuse to investigate the complaint of a
gruesome rape and death of two girls in which the interest of the entire
society was involved, and required, sympathetic approach and serious
application of mind, the same has not been done by all the four officers.
The subversive attitude of the S.I Gazi Abdul Kareem, SHO Shafeeq Ahmed,
Dy.S.P Rohit Baskotra and S.P. Javed Iqbal Mattoo as discussed above needs a
stern view to prevent recurrence in future and to discourage officers with
tendency of using their powers as a license to evolve their own procedure and
disobey the directions of law with impunity.
All the police officers in‐charge, district Shopian, appear to be amicably
ignorant of their professional responsibility, and their duty to upheld the
honour of their uniform. By their negligence, incompetence and flagrant
violation of laws and rules, they have eroded the image of the entire
department, embarrassed the administration, and hurt the sentiments of the
citizens of the state. They deserve no leniency in punishment, this would be
32
more appropriate to straighten the system and correct the indolent and
incompetent officers of the police force.
The Commission, while maintaining the balance to discourage an objectionable
act of an officer, and to encourage the initiative to abide strictly by rule of law,
to improve the image of the department, strongly recommends that the SI Gazi
Ab. Kareem, SHO Shafeeq Ahmad, Dy. SP Rohit Baskotra, SP Javid Iqbal Matoo
may be placed under suspension. A departmental enquiry be initiated for their
failure to comply with the mandatory provisions of Cr.P.C, police manual and
relevant rules governing the course of investigation in criminal cases.
All the officers have in one way or the other contributed to destruction,
dissipation and suppression of evidence. Prosecution under appropriate
provisions of panel code may be considered against them. SP Javid Iqbal
Mattoo has given false statement before the Commission, that he sought legal
opinion from Advocate General and then retracted from the said statement,
prosecution under appropriate provisions of panel code may be considered
It may be kept on record that the state may not hesitate to take appropriate
steps, even against the police officer who have glorified the department in the
past, and live with a false feeling of life long immunity from accountability, to
send a straight signal, that no one has a license to evolve his own procedure,
which may be subversive of law.
Point (a) under reference 5 is accordingly answered.
Reference(v) “(b)”
Failure of doctors:
33
“Whether there has been any failure on the part of any department in the
Government in handling of the post incident situation”.
In order to ascertain whether there has been any failure to perform their duty
with professional competence, scrutiny of the statements of medical witnesses
namely, Dr. Bilal, Dr. Nazia, Dr. Bilques and the second team constituted of Dr.
Nighat, Dr. Gh. Qadir Sofi and Dr. Mohammad Maqbool is essential. Dr. Bilal in
his statement has stated that on examination of dead body of Miss Asiya on
30th of May 2009, he found injury of 2 to 3 cms on her forehead, nasal bridge
was cut and there were minor cuts on both sides of her forehead. Minor cuts
were present on nasal bridge and nose was bleeding. Sharp injury was on her
forehead, it was 1 cm deep caused by a sharp edged weapon. No froth was
coming from her mouth and there were no marks of violence around her
private parts. There were no discoloration of tongue and nails were pale. There
were no blood stains on the inner garments on the dead body of Asiya. There
ware no marks of violence around Labia Majora, on opening the abdomen,
chest, no blood was even oozing from dead body. There was no external
bleeding of heart, stomach. Contents along with intestines and uterus of the
dead body of Asiya were taken out. The witness says that death could not be
due to strangulation. The cut on the forehead was inflicted by a sharp edged
weapon and could have caused compression on the brain. The injury was anti
mortem. The witness adds that there were no external injuries on the dead
body of Neelofar. There were no indications to suggest that the death was by
strangulation. Lungs were removed, floating test was performed, lungs floated,
ruling out possibility of death by drowning, uterus was sent to Forensic Science
Laboratory. The police had not furnished questionnaire regarding the dead
body of Neelofar.
34
Dr. Nazia, in her statement had deposed that examination of dead body could
not be conducted because of Rigor Mortis. On examination of dead body of
Asia, a wound was found on her head. The witness could not conduct per
vaginal examination because of Rigor Mortis.
Dr. Bilques has deposed that as soon as she put on her gloves, she was scared
of the crowd which was outside the hospital and she could not perform any
test.
Dr. Nighat, heading the 2nd team of doctors, who conducted the post mortem
has stated that she found a wound of 2 to 3 inches on the frontal region of the
skull of the dead body of Asia. The injury was one cm deep and sufficient to
cause compression of the brain, resulting in cardiac arrest and death of the
lady. There were three sharp cuts on the fore head between two eyes and one
on the right side and one on the left side of the dead body of Asia. Nasal bridge
was cut with a sharp edged weapon. The left nostril was profusely bleeding at
the time of the examination of the dead body. The witness says that the injury
on the head could not be caused by fall in the river, because it was a sharp cut
and not very deep. The death must have been caused between 3.00 to 4.00
am. There were no apparent marks of injury or violence on the private parts of
the dead body of Asiya. Hymen was freshly torn in rags and was mildly
oedematous. There was no fresh bleeding. Vaginal secretions were taken as
swab. On examination it was clear that a sexual assault had been committed.
The morphology of the private parts do not suggest that a gang rape has been
committed. In this particular case the death could be due to haemorrhage
shock because of bleeding from the multiple cuts. There were no marks of
violence around her private parts, deeper injury could not be ruled out
because per speculum examination was not possible. The witness says that on
physical examination of dead body of Neelofar no marks of violence or injury
35
were found on her body except the mild echymotic patches on the buttocks,
which were 2 to 3 cms long. There were no marks of violence on her private
parts and no matting could be seen as Neelofar was married lady, no hymen
was present.
Dr. Mohammad Maqbool Mir, District Health Officer, Pulwama, has deposed
that he was writing the findings when the post mortem examination was
conducted by Dr. Nighat and Dr. Ghulam Qadir Sofi. The witness has deposed
that the skull of the deceased had not been opened. The witness reveals that
unless the head is opened for examination of internal injuries, intracranial
bleeding and other changes in the brain, visual opinion can not be taken as
exact cause of death. The opinion that the death of Neelofar can be due to
neurogenic shock, can not be taken as final opinion, because the requisite
examination of brain has not been conducted, to rule out the possibility of
death due to any other reason than neurogenic shock.
Expert opinion:
Dr. Fareeda Noor, Head of Department Forensic Medicine and Toxicology,
Govt. Medical College, Srinagar has deposed that for exact cause of death, it
is necessary that a complete autopsy should be done with opening of all
cavities of the body along with head. The witness further adds that in a body
with no apparent physical injuries, externally to come to conclusion about the
cause of death, the body has to be opened including skull to look for the
various causes along with sending the viscera for histopathology to Forensic
Science Laboratory. The witness further adds that it is not be possible to give
the conclusive opinion about the cause of death without opening the skull,
examining the brain, without opening the chest and examining the heart both
clinically as well as histopathologicaly. The witness adds that there is no excuse
for not opening the skull in case of death which is not caused by natural
36
causes, more so, when there is injury on the vital part of the head. The witness
stated that on opening the head, it would have been possible to find out any
haemorrhages or injury to brain matter. The witness says that it was a
professional requirement to open the skull, remove the brain send it for
analysis and also to open the skull and examine the injury to ascertain whether
the injury had caused fracture of skull and the base of the skull.
To sum up the admission made by Dr. Bilal made in his statement before the
Commission.
Dr. Bilal has admitted that the skull of both the dead bodies, was not opened
to examine the condition of skull and ascertain whether injury on the head of
Asiya had caused compression of brain resulting in her death.
To sum up the admissions made by Dr. Mohammad Maqbool, District Health
officer, Pulwama in his statement before the Commission:‐
The witness admitted that as the skull of both the dead bodies had not been
opened, for examination of internal injuries, the intracranial bleeding, death
due to neurogenic shock cannot be taken as the final opinion because the
examination of brain has also not been conducted.
To sum up the admission made by Dr. Nighat Gynaecologist made in his
statement before the Commission.
Dr. Nighat, member of second team of doctors has also admitted, that she did
not open the skull of both the dead bodies, at the time of autopsy. It is also
admitted that the samples of brain, and heart of both the dead bodies were
not taken.
Delinquency of doctors:
Dr. Bilal and Dr. Nighat, who conducted the post mortem examination of the
dead bodies of Neelofar and Asiya have not opened the skull of both the dead
bodies and have not taken the samples of brain and also of heart. This
omission does not appear to be accidental in a sensitive case of present
nature. It has come in evidence, that the people outside the hospital gate
37
were agitated, angry and upset on the death of two innocent girls. The
relatives of the deceased trusted both the medical teams and cooperated with
the post‐mortem proceedings inside the hospital. It is this breach of trust by
Dr. Bilal and Dr. Nighat that triggered the unrest and added fuel to the fire,
which engulfed the entire town.. Whatever be the motive of Dr. Bilal and Dr.
Nighat, it does not seem to be holy. Dr. Fareeda Noor, HoD, Forensic Medicine,
Government Medical College, Srinagar has admitted, that it was the
professional requirement to open the skull, remove the brain and send it for
analysis. The witness has categorically stated that there was no excuse for not
opening the skull in case death was not due to a natural cause.
Whatever be the nature of pressure on Dr. Bilal and Dr. Nighat, the benefit of
their negligence tilts towards the accused, because by omitting to open the
skull, and collect the samples of brain and heart for confirmatory test by the
Forensic Science Laboratory, the mystery of cause of death may never be
solved conclusively and the chances of conviction of the culprits may become
less.
A departmental enquiry may be initiated against both the doctors to assess as
to whether they are capable of handling their professional requirements of
similar nature, till then officers may not be entrusted with any serious duty in
the hospital.
Reference (v)
Failure of District Magistrate/Deputy Commissioner, Shopian:
38
Statement of witness Mr. Mohammad Ramzan Thakur the then District
Magistrate, Shopian, on oath, summoned by the Commission on 13th June,
2009 is in verbatim as under;
The witness stated that I was posted as Deputy Commissioner, Shopian on 3rd
or 13th of April, 2007. I was continuing as Deputy Commissioner, Shopian on
29th and 30th of May, 2009. I got a phone call from Police Control Room around
7.30 am or 8.00 am in the morning of 30th May, 2009, informing about the
missing of two girls of Bongam Shopian. After a little while I was again
informed that dead body of one girl has been recovered. The Police Control
Room requested for deputing a magistrate to the hospital to complete the
formalities of autopsy. I immediately directed my Assistant Commissioner Mr.
Basher Ahmad Dar and Syed Altaf Hussain, Tehsildar to proceed to the hospital
and attend to the requirement of the investigating agency. I went to the office
and during the working in the office, I enquired on telephone from S.P Shopian
as to what was the information regarding the incident. The S.P Javed Iqbal
reported on telephone that both the dead bodies of two girls have been
recovered and, he is present on spot, the procedure and proceedings for
autopsy are being conducted. My officers who had been deputed to associate
with the investigating agency also were in touch with me, and they informed
that autopsy has been performed on both the dead bodies and that they are
about to leave. I again contacted the S.P Javed Iqbal on telephone to confirm
the facts, the S.P Javed Iqbal on telephone informed me that autopsy has been
conducted of both the dead bodies, the people have left, and that he is on his
way to my office. The two officers which I had deputed returned to the office
and personally informed me that the all the formalities of post mortem have
been performed and the people have left. The S.P Javed Iqbal also came to my
office and informed me that the post mortem has been conducted and it
appears to be a normal case of death due to drowning the people have left and
39
are proceeding to bury the dead bodies. Prior to the arrival of S.P. Javed Iqbal
my Private Assistant told me that a problem has started in the hospital and I
immediately directed my Assistant Commissioner, Mr. Bashir Ahamad Dar to
proceed on spot and take control of the situation. Mr. Javed Iqbal S.P. received
a phone call while he was sitting in my office about the unrest in the hospital
and he also rush to the hospital. I contacted Mr Javed Iqbal S.P. on telephone
and he informed me that he has reached hospital, and the people are agitated
because they are apprehending foul play in the report of the doctor and the
cause of death of the two ladies. It was also revealed by S.P. that the dead
bodies have been brought back to the hospital for re‐examining the body and
for conducting a second post mortem by fresh team of doctors who should not
be from Shopian town. I immediately informed the Divisional Commissioner,
Kashmir to arrange for a second team of doctors by requesting Director Health
Services Kashmir to satisfy the demand of the public. On the directions of the
Divisional Commissioner, I contacted Director Health Services and requested to
depute a team of doctors for conducting second post mortem of the two dead
bodies. As suggested by Director Health Services, I contacted the senior most
available doctor at Pulwama Hospital and conveyed the message of Director
Health Services and asked for a team of doctors to be sent to Shopian
immediately for conducting the post mortem. I asked for bullet proof vehicle
from S.P. in order to proceed to the hospital and also informed the S.P. that
the team of doctors from Pulwama are on their way to Shopian. I again
requested S.P. Javed through my Assistant Commissioner that he should
expedite sending me the bullet proof vehicle so that I can immediately rush to
the hospital. As soon as the vehicle arrived, I rush to the hospital. I went to the
room in the hospital where the father of deceased Neelofar and brother of
Asiya alongwith some other persons were already present. My Assistant
40
Commissioner, Mr Bashir Ahmad Dar was pacifying the relatives of the
deceased ladies to bear with the administration as a second team of doctors
are on their way to the hospital and as soon as the post mortem will be
conducted they would be permitted to take the dead bodies for burial.
Thereafter team of doctors arrived within ten minutes from Pulwama. Post
mortem was conducted by second team of doctors. After the post mortem was
concluded the dead bodies were taken by their relatives and they were buried.
The relatives and people in the mob were demanding to know the cause of
death of the ladies immediately after the completion of the formalities of
second post mortem. The mob from outside started pelting stones on the
hospital. Mob had to be disbursed with tear shelling and can charge. The dead
bodies were taken by the relatives for burial, and were buried in the evening.
On question by Abdul Majid CPO assisting the Commission I have no
knowledge whether Bashir Ahmad Assistant Commissioner and Altaf Hussain,
Tehsildar were present inside the mortuary where the post mortem was
conducted. I did not any point of time see the dead bodies. The dead bodies
were of ladies therefore I thought it expedient not to examine the dead
bodies. When the pelting started on the hospital I was present in the hospital. I
did not take any steps either by contacting the Divisional Commissioner to
inform him about the gravity of the situation or to go in the mob or to call any
relative of the deceased to pacify the willingness of the administration to listen
to their grievances in order to defuse the situation. I was not convinced that
the death of two ladies is a normal natural death. The ladies could not have
been drowned because the bridge was in the immediate vicinity of their
orchard and there was no reason for the ladies to cross the river and not to
take the safe route over the bridge. There has been no death reported due to
drowning during the duration of my two years tenure in Shopian. Although I
41
reside at Anantnag which is in immediate vicinity of Shopian separated by
distance of about 40 Kmr but I have never heard that any person has drowned
in Nallah Rambi Ara. I did not have time to suggest to S.P. Javed that keeping
the factual aspect that death due to drowning would not have been possible in
the present circumstances of the case and he must, in view of the rising
temper and violent law and order situation, consider registration of FIR under
section 302, 375 RPC. I was convinced that it was not a case of death due to
natural causes but was death due to some mischief. It is not a fact that Dr.
Nighat came out of the operating room where the autopsy was being
performed and informed anyone in my presence that both the girls have been
raped. It is also not a fact that Dr. Sofi came out of the operating room and
informed anybody that both the girls have been raped. The first team of
doctors was constituted of Dr. Bilal and a lady doctor as informed by S.P. Mr.
Javed. My Assistant Commissioner Bashir Ahmad and Tehsildar Altaf Hussain
did not inform me about the names of doctors constituting the first team to
perform the post mortem. The Assistant Commissioner Bashir Ahmad and
Tehsildar Altaf Hussain conveyed to me that first post‐mortem have been
performed but they did not inform me that the post mortem has been
conducted and all essential samples have been taken in a peaceful
atmosphere. I did not enquire whether all samples necessary for Forensic
Science examination have been taken out of the two dead bodies in a peaceful
atmosphere or not. I have no information whether the doctors had left the
post mortem half way or not. When I reached hospital and enquired about the
first team of doctors, I was informed that they had run away. Although I was
informed about the recovery of dead bodies at 8 AM but since the situation in
the town was peaceful there was no requirement to go to the hospital till 1.30
PM when I finally reached there. As the situation in the town was peaceful till
42
the constitution of the second team of doctors therefore, I presumed that the
first post mortem has been conducted completely and satisfactorily by the first
team of doctors. The second team of doctors must have arrived at Shopian
hospital around 1.45 PM. Team constituted of Dr. Maqbool, Dr. Ghulam Qadir
and one lady doctor. I informed the second team of doctors about the
sensitivity and seriousness of the second post mortem requesting that they
must utilize their utmost professional competence while examining the dead
bodies and while taking their samples for Forensic Science Laboratory. The
second post mortem was conducted within 20 to 25 minutes. I enquired from
the doctors whether had they succeeded in taking the requisite samples of
both the dead bodies and that whether they had sufficient time to examine the
external and internal conditions of both the dead bodies for deduction of
injuries bruises or scratches. As District Magistrate, I was fully satisfied that the
doctors had full opportunity and sufficient time to examine the external and
internal parts of both the dead bodies and also for taking the samples. I did
not apprehend that the second team had also left and ran away from hospital
and had not conducted the complete autopsy of both the dead bodies. After
completing the second post mortem I discussed the issue with the team of
doctors who told me that on their examination they are of the opinion that
Asiya has been molested before her death. Regarding Neelofar the doctors said
that they cannot give any opinion. I required the S.P. to register FIR under
section 354 RPC for molestation of Asiya on the available statement of doctors
who had conducted autopsy on the dead body of Asiya. S.P. Javed Mattoo was
present inside the hospital room. Second team of doctors told me that there is
a grave wound on the head of Asiya and bruises on the dead body of Neelofar.
As District Magistrate I did not direct the S.P Javed Mattoo to register the case
under section 302 inspite of the fact that the doctors had informed there is a
43
grievous injury on the vital part that is head of the dead body of Asiya. The
second team of officers did not inform me that they did not have the necessary
instruments for conducting the second post mortem. I went on spot on Sunday
that is 3Ist of May, 2009. I did not visit the exact spot from where the dead
bodies were recovered of Asiya and Neelofar but I went upto the bridge and
also explore the route the girls have taken while going to the orchard.
Immediately after the incident of 30th May, 2009 I took confidence building
measures by contacting elders and respectable citizens of the town. There was
no response in spite of my efforts and the town continues to be in hartal till
date. Although I required the S.P. to register the case under section 354 RPC
but he did not act on my advice I did not inform higher authorities about the
inaction of S.P. If FIR had been registered on time the disturbances and loss of
public property could have been averted. I had informed the Divisional
Commissioner, Kashmir on 30th May, 2009 about the incident. I had good
relation and coordination with Mr. Javed Mattoo, S.P. Except for an incident
on the previous Saturday that is 23rd May, 2009 in which some damage had
been done by the agitators to my office. I am not aware of any press
conference by Divisional Commissioner that the death is due to drowning. I did
not read in any newspaper that the Divisional Commissioner had conducted a
press conference. I personally conveyed to Divisional Commissioner that the
death is due to some mischief. I have not submitted any factual report to my
superior officers regarding the whole incident.
To sum up, the admissions made by Mr. Mohammad Ramzan Thakur, the
then Deputy Commissioner, and Shopian in his statement before the
Commission are :‐
1. Admitted that people got angry and agitated over the foul play by
doctors about cause of death of two ladies but still did not take
44
disciplinary action against doctors as District Magistrate to cool down
the agitating crowd and to defuse the tension.
2. Admitted that despite tense situation in the town, he preferred to
remain in his office from 8.00 AM to 1.30 PM on 30th May, 2009.
3. Taking excuse of non‐availability of bullet proof vehicle to visit the
hospital, District Magistrate admits his inefficiency to arrive at hospital
to deal with the prevalent situation as District Magistrate on spot.
4. Admitted that he took no steps to contact the people present in the
hospital or even relations of the deceased to pacify or defuse the
tension.
5. Admits that he was not convinced that death of the two ladies was a
result of natural cause, he took no steps to contact higher authorities for
getting the FIR registered under relevant provisions of law.
6. Admits that he did not direct the S.P to register case under section 302
RPC in spite of the fact that doctors informed him that there is a
grievous injury on vital part of dead body of deceased Asia.
7. Admits that if he would have got the FIR registered, the disturbance and
loss to the property could have been averted.
8. Admits that he as Deputy Commissioner had good relations and
coordination with S.P Shopian Mr. Javed Matto.
The District Development Commissioner is the District Magistrate and head of
criminal administration of the district. The criminal justice system,
administered in a district by the police is kept under the control and directions
of the District Magistrate. It is the District Magistrate who has been made
responsible, to ensure that the police carry their duty in a manner that gives
effective protection to the public against lawlessness and disorder. The District
45
Magistrate is required to inspect all police stations to ascertain, whether
there is any negligence regarding prevention and detection of crime of any
subordinate Police Officer and report the same to Superintendent of Police of
the district for a thorough enquiry. The relevant portion of the rule 24 of the
J&K Police manual is reproduced as under;‐
“The District Magistrate is the head of the criminal administration of the
district, and the police force is the instrument provided by the Government
to enable him to enforce his authority and fulfil his responsibility for the
maintenance of law and order. The police force in a district is, therefore,
placed by law under the general control and direction of the District
Magistrate who is responsible that it carries out its duties in such a manner
that effective protection is afforded to the public against lawlessness and
disorder.
In the exercise of his control, the District Magistrate is required to inspect
police stations. He shall exercise no executive authority in matters, which
concern solely the internal administration and training of the force, or in
questions of discipline as between police officers and their departmental
superiors, but his general control extends to all other matters. In all that
affects the relations between the police and the public or the keeping of the
public peace, the District Magistrate must be consulted and his orders
complied with”
He may (a) require the superintendent to furnish him with any documents
relating to the conduct of any subordinate enrolled police officer in any case
in which conduct or character of such police officer is likely to affect his
46
dealings with the public or the prevention and detection of crime; (b) direct
the superintendent to enquire into any allegation of misconduct or neglect of
duty on the part of any subordinate enrolled police officer in any case in which
such misconduct or neglect of duty affects, or is likely to affect, such officer’s
dealings with the public, or the prevention and detection of crime, and to
submit the record to superior police authority, and (c) direct the
superintendent to furnish information on any matter connected with crime,
the criminal classes, the prevention of disorder or the distribution of the police
force, or any other matter not connected solely with the internal
administration of the force”
Mohammad Ramzan Thokar, District Magistrate, Shopian, has in his statement
admitted that although he was convinced, that it was not a case of death due
to natural cause but due to some mischief, he did not direct the SP, Javed
Iqbal Mattoo to register the case under section 302 RPC in spite of the fact
that doctors had informed him that there is a grievous injury on the vital part
of the head of Asiya. In order to shift the blame and avoid his responsibility the
witness has made improvement in the later portion of his statement and
stated that he did inform the SP to register an FIR under the relevant provision
of law, but District Magistrate did not inform higher authorities about the
inaction of SP. The witness is obviously making a false statement before the
Commission, because there is nothing in writing on record to substantiate the
explanation given by the District Magistrate, Mohammad Ramzan, that he had
ever required the SP to register a case. The witness admits that had an FIR
been registered in time, the disturbance and loss of public property could have
been averted. It appears that the former District Magistrate, Mohammad
Ramzan has not only given an incorrect version of facts, but also attempted to
47
shift blame on the SP, Javed Iqbal Mattoo to save his own skin. The fact
remains that under Police Manual Rule 24, the District Magistrate being the
head of the criminal administration was duty bound to ensure registration of
an FIR in order to prevent public disorder, lawlessness, loss of the public
property and alienation of the masses from the administration.
The former District Magistrate, Mohammad Ramzan Thakur has failed to
execute his responsibility as District Magistrate and head of the criminal
administration, which also has resulted in the public unrest and break down of
law and order machinery.
The Commission vehemently recommends that the former District
Magistrate/Dy. Commissioner may not be entrusted with the duty of
administering any District, as District Development Commissioner/District
Magistrate, but may be adjusted at a soft posting till his retirement and may be
awarded any other appropriate punishment, which may be deemed fit.
Reference (v)
Failure of Forensic Science Laboratory(FSL):
In order to ascertain whether there has been failure to perform their duty with
professional competence, scrutiny of statement of Scientific Officer, Javed
Iqbal Hafiz would be relevant.
Statement of witness summoned by the Commission Javed Iqbal Hafiz
Scientific Officer, presently incharge Forensic Science Laboratory, Srinagar on
oath dated: 14. 06. 2009, in verbatim is as under;
48
The witness stated that I am posted in Forensic Science Laboratory for last 26
years. From Feb. 2008 I am posted in Forensic Science Laboratory Srinagar and
am presently holding the charge of Forensic Science Laboratory Srinagar. The
covering letter bearing No. FSL/1024‐Legal/Sgr dated 06.06.2009 bears my
signature. I forwarded the opinion to Chief Medical Officer, Pulwama and it is
a fact that the scientific officers had framed their opinion on 01st June and
had forwarded the opinion on the same day to the legal section which was also
received by me on 2nd June 2009. The opinion which was received by me on 2nd
June was complete in all respects and needed no clarification. I was aware that
it was a sensitive case. I was aware that people had got agitated, destroyed
public and private property and two citizens had died during the disturbances.
I am also aware that the people were angry and emotional. I had no malafide
intentions then I would have changed the texture of the opinion. Had I sent
the report on 2nd June 2009, the police concerned could have registered the
case under relevant provisions on 2nd June 2009. I cannot say whether by
registration of the case immediately after occurrence and on prompt action by
the police to start identifying the accused whether the people would still be
annoyed or satisfied. The FIR under section 302 RPC was registered on 8th June
2009. Although there was hartal upto 8th and on 9th there was no hartal. The
public anger was diluted because of registration of the case under section 302
RPC on 8th June 2009. I cannot give any reason why I retained the expert
opinion for four days from 2nd June to 6th June 2009. It is not a fact that I
retained the opinion certificate to allow the separatists elements to instigate
the people and agitate. It is also not a fact that I retained the opinion
certificate to embarrass the Government. It is a fact that allegations were that
rape has been committed by forces. I have no reply to the query that although
the agitation was on the presumption that the rape has been committed by
49
forces, including the police agency why I retained the report. In the process by
retaining the report for four days even my own department was defamed.
Opinion was sent on 6th of June 2009. I read in the news paper on 7th June that
FIR is likely to be registered under section 376 RPC. This news was given on
the basis of the receipt of opinion certificate from Forensic Science. The
photocopy of covering letter duly attested which is marked ‘A’ and the
photocopy of the opinion certificate which is marked ‘B’ duly attested are
submitted. The same be placed on record.
To sum up the admission made by Javed Iqbal Hafiz, Scientific Officer,
Forensic Science Laboratory made in his statement before the Commission.
1. Witness has in his statement admitted that he was holding the charge
of Forensic Science Laboratory.
2. Witness admits that Scientific Officers, Shahul Ahmed Kanth and
Mushtaq Ahmed Bhat had framed their opinion regarding the samples of
vaginal smear, taken from the bodies of Neelofar and Asiya on
01.06.2009.
3. The witness admits to have received the opinion certificate on 2nd June,
complete in all respects and required no clarification.
4. Witness admits that he did not despatch the opinion certificate up to
6th June 2009, but retained the certificate in his office for five days
without reason.
5. The witness has however, denied that he retained the opinion
certificate to allow the separatist leaders to instigate people, but
admits that he cannot give any explanation for retaining the certificate
in view of the rising anger and agitation in the valley.
50
The conduct of Javed Iqbal Hafiz, Scientific Officer, Forensic Science Laboratory
to execute his duty with diligence, efficiency and fair play does not seem to be
up to the mark. It is in the statement of Shahul Ahmed Kanth, Assistant
Scientific Officer, Forensic Science Laboratory that he received the samples of
vaginal smear of both Neelofar and Asiya on 01.06.2009 around 10.30 A.M. As
urgency was communicated by S.S.P. Mr. Gh. Hassan Bhat to execute the
analysis of the two samples, the Asstt. Scientific Officer, Shahul Ahmed Kanth
along with his colleague Mushtaq Ahmed conducted the test of vaginal smear
and forwarded the opinion on the same date at 4.00pm to the legal section
headed by Javed Iqbal Hafiz. Javed Iqbal Hafiz admits to have received the
samples on 2nd June 2009 complete in all respects, requiring no further
clarification. It is also admitted by Javed Iqbal Hafiz, Scientific Officer that he
retained the opinion certificate up to 6th June 2009 without any justification.
No acceptable explanation has been submitted by Mr. Javed Iqbal Hafiz in spite
of time and opportunity afforded to him by the Commission either verbally or
in writing. It is also admitted by Javed Iqbal that, he was aware of the public
anger and agitation of the people, who were strongly pressing for registration
of an FIR. The opinion certificate was regarding the presence of human
spermatozoa on the dead bodies of Neelofar and Asiya. Had Mr. Javed Iqbal
forwarded the opinion certificate on 2nd June 2009, the FIR under section 376
RPC could have been registered immediately on receipt of the opinion
certificate on 2nd June 2009. The certificate was however, delivered to the
police on 6th June 2009. Javed Iqbal admits that during all the five days, he held
back the opinion certificate, the entire population of the valley were agitating,
causing damage to the private and public property. It has also come on record
that there was loss of life besides, alienation of the people from the
administration and continuous hartal in the valley. The conduct of the
51
Scientific Officer, Javed Iqbal Hafiz is highly objectionable and cannot be
ignored.
The Commission strongly recommends that the prosecution of Javed Iqbal
Hafiz for suppressing the essential evidence and obstructing the investigation
may be considered, under relevant provisions of law, till that exercise is done,
the Scientific Officer, Javed Iqbal Hafiz may not be entrusted with any
responsible assignment in any section of Forensic Science Laboratory. Any
other adequate punishment which the Department on the administrative side
deems fit may also be considered.
The reference (v) is accordingly answered.
Justice Muzaffar Jan (Retd.)
One Man Commission of Inquiry