Bar’s fact-finding report confirms rape and murder
'Ill-fated women abducted, raped, murdered'
Srinagar, June 9, 2009: The High Court Bar Association has said that Asiya (17) and Neelofar (22) of Shopian were abducted, gang-raped and murdered. “The ill-fated duo was raped even after their death,” the 2-member committee of the Bar Association, independently investigating the case.
Releasing the Committee’s “fact-finding” report to the media in Srinagar said on Tuesday 09 June. 2009, Bar accused the Superintendent of Police (SP) Shopian of trying to cover-up the tragic incident to shield the culprits. “The SP even forced the doctors to change statements,” Bar Association general secretary Advocate G N Shaheen said.
Shaheen, who was a part of the two-member fact finding team along with Fayaz Ahmad of Pulwama Bar Association, while presenting conclusions of their report, said the incident had taken place at a high security zone where Neelofar and Asiya (victims) were abducted and kidnapped.
“During the investigations we found that the perpetrators belonged to a particular community and they had even vandalized the bodies of the victims,” Shaheen said. He said the way Abdullas regime and authority is trying to cover-up the issue suggests involvement of some top security officials. He said the one-man commission of inquiry constituted by the Government is just a desperate bid to pacify the people’s rage and hoodwink the issue.
“If with limited resources, Bar could come out with the fact-finding report within a day, why has been Justice Jan Commission given one month to investigate the matter,” Shaheen said and added that it was just an attempt to buy time. He said in 30 days the NC-Congress led regime (State government) and the Government of India would use all its machinery to erase the evidence and browbeat the witnesses to change the statements. “Such tactics has been adopted in past and the manner in which the State machinery has tried to suppress the facts clearly indicate that the all the instruments of the state are going overboard to cover up the issue and Jan commission is one such attempt,” he said and added that otherwise the Commission could have completed the investigation in a day or two.
“The forensic report has exposed the regime (government). The authorities should produce the report before public,” Shaheen said adding that action should be taken against the doctors and police and civil officials who tried to hide the facts of the case.
The Bar demanded resignation of the so-called chief minister Omer Abdullah, its minister for rural development Ali Mohammad Sagar and the divisional commissioner Kashmir Masood Samoon for lying before the people and changing statements to shield the culprits. “They should resign. They have no moral authority in sticking to their official positions,” Shaheen said:
The Bar also condemned and challenged the concocted reports of a Delhi-based news Channel wherein, according to the Bar, an unconvincing effort was made by one of its Srinagar-based reporters to project the “murder” of the two women as a case of natural death. “Government is now using media to shield the guilty. We urge the channel to take action against its correspondent Nazir Masoodi who has put the channel’s credibility at stake,” the Bar demanded.
Giving graphic details of the incident Shaheen said according to Neelofar’s husband who is also Asiya’s brother the duo left for their orchard at 4:30 PM on May 29 and did not return till late in the evening. Shakeel immediately went looking for the duo and returned home disappointed at 7:30 PM after searching them both in the orchard and along the way, the report.
“A resident near our orchard told me that Asiya and Neelofar had left from there much earlier. I rushed to home anticipating they might have returned,” it says.
“I called my friend and we thoroughly searched the whole area around the orchard, adjacent areas and Rambi-ara till 10:30 PM. But there was no trace of them anywhere,” it says.
“We went to the police station and asked them to register the missing report which they considered only verbally. Eight policemen, equipped with lights and torches assisted us but the till 2:30 Am there was no trace of my sister and wife,” it says, adding, “During the search cell phone of Hawaldar Muhammad Yasin was continuously ringing.”
“In the morning police asked us to return home saying they will restart search in the morning. But when there was no response from the police till 6:30 AM we came out searching again,” it says.
“Police along with SP Shopian and a cameraman arrived at the spot. SP pointed out at some red cloth in a particular direction and we found Neelofar’s body on the banks of Rambi-ara there,” it says.
“Her head was placed on a big stone with one hand upwards, her firaq lifted towards the chest and cut at certain places. The dupatta she was wearing while leaving home was not on her head,” it says.
“Marks of violence were visible on parts of her body. The body was lying on dry area and her body, hair and the clothes were completely dry,” it says.
“Her right arm was cut with teeth and similar marks were apparent on her chest. She had red scuffmarks round both wrists and neck, which seemed because of tightening of the hands. The body was half naked with torn clothes,” it says.
Report says the body was found near the crematory ground on the eastern bank of Rambi-ara, which falls near the CRPF camp and police lines located in the area.
“We searched that spot several times earlier during the night but there was no sign of Neelofar there,” it says.
The report says Asiya’s body was found one kilometer down stream from that of Neelofar’s.
“Asiya’s body was lying half naked on dry sand near Ziyarat Sharief Arhama. Her clothes were torn and hair, clothes and body was dry,” it says, documenting the eyewitness’ account.
“She had a serious wound on her head, cuts on right cheek and bruises on chest. Blood was dripping from her nose and it appeared Sindoor was thrown in her forehead,” it says.
The report says the dead bodies were taken to hospital for post-mortem, “But the SP prevailed over the doctors asking them to change the report and leave the hospital,” it adds.
On public demand, second post mortem was conducted and the bodies and were handed over to the family for last rites.
Documenting the statements of women who gave last ritual bath to the victims, it says: “Victims had clear physical and sexual exploitation marks on their bodies.”
The report rules out that the duo died a natural death, saying, “No circumstances suggest natural death or death by drowning. It is case of intentional murder.”
The report concludes that the police should lodge case under sections 363, 366, 376, 302 and 120B of RPC for kidnap of minor, abduction of major person, rape, and murder, and conspiracy respectively.
It says the SP, concerned SHO, Shafeeq Ahmad, are guilty of tampering with the evidence while as doctors of district hospital, Shopian, Dr Hilal Ahmad Dalal, Dr Nazir and Dr Bilquees are guilty of failure of duty and destruction of proof.
Jammu and Kashmir High Court Bar Association, while dismissing the Justice (Retd) Jan Commission of Inquiry established by the authorities said that the Shopian tragic incident was a case of rape and murder and that has been established now beyond any doubt.
The Bar President, Mian Qayoom today said in a press conference that though a nine-member team of Bar was not allowed to reach Shopian to investigate into the matter but two of its members managed to reach there and whatever evidences they could get, indicate gang rape and murder of the two women, Asiya and Neelofar.
Bar President Mian Abdul Qayoom who was prevented from accompanying the team and placed under house arrest said: “Justice cannot be done to the victims under the current SP and his associates.”
“Our report has revealed what Justice Muzaffar Jan Commission instituted by the puppet regime has been asked to do in one month. The commission is an attempt to put to rest the official claims that no gang rape and murder of the two ladies was done and to prevent the criminals from being brought to the book,”
Qayoom said. “The sexual abuse of women is a common phenomenon at the hands of Indian army, paramilitary troopers and police to suppress the freedom struggle of Kashmir.” Qayoom also asked for international community to take cognizance of the issue. “Top men in uniform are involved and the government is trying to protect them. This way the government is playing with the rule of the law. Bar will fight for the supremacy of the law.”