Jalil Andrabi murder case

Court asks IGP Kashmir to act

Srinagar, May 06 : In Srinagar, the Chief Judicial Magistrate (CJM) Srinagar has directed the inspector general, crime and railways to execute the arrest warrant against an Indian Army Major, the proclaimed criminal in the prominent Kashmiri human rights activist, Jaleel Andrabi murder case, and forward the warrant to the Indian home ministry.

The CJM, Mohammad Ibrahim Wani in his fresh order said that SSP Srinagar in his report furnished before the court has said that he forwarded the court order to IGP Kashmir regarding the execution of warrant through Interpol against the accused Major. The SSP in his report has further said that he requested the IGP Kashmir to take up the matter with the concerned authorities as directed by the court.

The CJM directed IG after SSP Srinagar failed to act on the court orders. Pleading before the court, the senior prosecuting officer told the court that SSP Srinagar had failed to ensure the arrest of Major Avtar Singh, son of Amar Singh, who hails from Haryana.

Jaleel Andrabi’s brother, Arshid Andrabi told the court that it should direct the IG, Crime and Railways, to act on the warrant and arrest the major.

To ensure the arrest of the criminal, he told the court that the warrant be forwarded to the Indian home ministry and the services of Interpol be availed in ensuring his arrest.

The court has already ordered that services of Interpol be availed after authorities  argued that the said major had left his job and was now settled in Canada. Jaleel Andrabi was murdered on March 8, 1996 by an Indian armed party led by Major Avtar Singh. His body was later recovered from river Jehlum near Kursoo Rajbagh on March 27. The investigative committee formed on the Court orders had convicted Major Avtar singh of the murder.
 
"However, no follow-up report has been furnished by the IGP Kashmir. Since the FIR is of more than 13 years old and case is pending in the court for the last more than eight years, the IGP is directed to pursue the case with the concerned authorities which include IGP Crime and Railways and secretary home affairs government of India in terms of the order passed by this court on the last date of hearing," the court order reads.

Earlier the same court had asked the ministry of home affairs government of India through its secretary to take the matter with Interpol and ensure the execution of a warrant against the accused Army Major, required in the trial.

In the last order passed, CJM had also asked the magisterial officers, Inspector General of Police (IGP) Kashmir, IGP Crime and Railways and the SSP Srinagar, to ensure the orders of the court regarding the execution of the non bailable warrant re-issued by the same court against the accused major on January 22 and repeated on March 2, 2009.

In his last action taken report of SSP Srinagar submitted to the court in this case has stated that an open dated non bailable warrant was forwarded to IGP Kashmir vide number CRB/WSD/09-2480-83, who has forwarded the same to IGP Crime and Railways vide number CRS/Red/Corner/08 for onward submission to concerned quarters for its execution.

However, the IGP crime and railways has asked the office of SSP Srinagar to provide good quality photographs of the accused Major and the matter was accordingly taken with the SSP Yamna Nagar Haryana. "The SSP Yamna Nagar intimated that no photographs of Major are available at his home. The execution of open dated non-bail able warrant is pending with the concerned quarters and as such the warrant issued dated March 4 has been returned," reads the Srinagar SSP's report.

During the hearing on Tuesaday, the court said that availability or non availability of the photographs of the accused is not and can not be a ground for non execution of the warrant. "The tendency of the warrant for execution for a considerable period of considerable time is affecting the trial of the case, which is already pending for last more than 13 years with out any proceedings because of absence of the accused," the CJM says in his fresh order.

The court further directed the SSP Srinagar to pursue the case regarding the execution of the warrant and submit compliance report in the court by or before the next date of hearing.

Earlier, the India’s Central Bureau of Investigation (CBI) returned an application to Jammu and Kashmir Police regarding issuance of Red Corner Notice seeking an open dated non-bailable warrant of arrest and a photograph of the accused Major which it could forward to world's largest international police organisation-Interpol. CBI had taken the matter of extradition of Avtar Singh, who is reportedly staying in Canada, with Canadian embassy and asked it to make its government issue a Red Corner Notice against the accused Major wanted in Andrabi's murder case.

The Assistant Director Interpol (CBI-New Delhi) in its letter number 1400/IP-2/RT/2007 dated February 26, 2008, while addressing Inspector General of Police (IGP) Crime and Railways, Jammu had said that an open dated non bailable warrant of arrest is mandatory for sending the application to Interpol for issuance of Red Corner Notice against the accused Major. However, no headway has been made despite the court issuing three open dated non-bailable arrest warrants against the accused army Major.

On March 8, 1996, Andrabi was detained in Srinagar by Major Avtar Singh of the 35th Rashtriya Rifles son of Amar Singh a resident of Ponti Tehsil Jagadari in district Yamna Haryana. Andrabi's wife was told repeatedly by senior police officials that her husband was in custody and would be released. Three weeks later, Andrabi's body was found floating in the Jehlum river.
An autopsy showed that he had been killed days after his arrest. On March 28, the CJM Budgam Mohammad Yousuf Wani directed Jammu and Kashmir Police to take up the extradition case of accused Major. The case has been pending before the CJM for past many years and till date many orders have been passed to produce the accused before the court.

A Special Investigation Team constituted on the directions of the state High Court in 1996 had found Major Avtar Singh involved in the killing of eight persons including Jalil Andrabi.
The Kashmir Bar Association later filed a criminal revision before the High Court. After a gap of three years the case was sent back to CJM for considering the provisions of Section 549 CRPC and pass appropriate orders. The court had also directed to impound Major Avtar Singh's passport. Source GK-KT

Photographer missing in custody for 12 yrs
Hapless Father Seeks Whereabouts

Srinagar, May 5: In Srinagar, despite court orders, the puppet authorities have failed to locate the whereabouts of a Kashmir University photographer who went missing in the custody of the notorious personnel of Special Task Force (STF) in 1997.

Twenty-eight year old Fayaz Ahmad Beigh of Khajapora Nowshehra in Srinagar, who was working with the Central Asian Studies department was arrested by the STF personnel from University campus on September 6, 1997. Fayaz’s detention had triggered widespread protests by students and teachers, forcing the police to search for his whereabouts but in vain. “The STF team was led by its SP Operations Awantipora, Hans Raj Parihar. The STF cooked up a story and filed an FIR in Soura Police Station stating that my son (Fayaz Ahmad Beigh) had run away from their custody,” said, the Fayaz’s father, Abdur Rashid.

The main accused in the case, Parihar, is facing trial in the fake encounter killing of at least three civilians in Ganderbal for promotions and rewards during his tenure as Senior Superintendent of Police, Ganderbal. Rashid said he had approached the then so-called Home minister, Ali Muhammad Sagar, who directed the CID to probe the matter.

“The Inspector General of CID submitted in its report that Fayaz was arrested from university campus and the story put forth by the STF was concocted and false. However, the authorities  did not take any action,” he said.

After failing to get justice, Rashid who had approached the Human Rights Commission of occupied Kashmir in 2002 said that the Commission after probing the matter also rejected the STF and Police story regarding Fayaz’s escape as ridiculous and recommended monetary relief and criminal proceedings against the accused STF personnel.

However, after the Government did not take any action, Rashid knocked the doors of the court. He filed a writ petition in the court for implementation of commission recommendations.

In 2003, Rashid said, the court upheld the commission judgement and directed the authorities to initiate action against the accused. “But the commission t has maintained silence over the matter. Instead, the accused are trying their best to hush up the case. But I will not sit and continue to fight to locate whereabouts of my son,” Rashid said. Last year Rashid penned a booklet depicting his struggle and pain in search of his son.