The Jammu and Kashmir High Court has ruled out reinvestigation into the death of two women in Shopian district of the state in 2009, holding that the report of one-man judicial commission alone cannot form the basis for ordering a fresh probe into the case.
A division bench comprising Chief Justice M M Kumar and Justice D S Thakur, while pronouncing the judgement on Tuesday said the report of the Jan Commission -- which was not binding on an investigating agency -- was based on evidence which did not stand the investigation conducted by CBI. Two women -– Neelofar (22) and her 17-year-old sister-in-law Asiya -– were found dead on the banks of Rambiara stream in Shopian district on May 30, 2009, leading to allegations that the two were raped and murdered by personnel of security forces. This lead to massive protests across the Valley while Shopian district remained shut for nearly seven weeks.
The government had ordered a judicial commission headed by Justice (retired) Muzaffar Jan to probe the incident. The commission, while pointing towards foul play in the death of the women, had maintained that it was impossible for someone to drown in water level of ankle height in the stream where the bodies were recovered.
The state government in September 2009 had ordered an inquiry by CBI into the case which concluded that there was no rape and murder of the women. The investigating agency held that the two women had died due to drowning. "The CBI in its investigation has pointed to the falsification of various post-mortem reports and fudging of evidence by the doctors involved in the post-mortem examination of the two deceased ladies. The slides sent for scientific examination were allegedly fabricated," the High Court said.
"The doctor who is reported to have earlier conducted lung floatation test had stated that he had removed the lungs of both the dead bodies and conducted the floatation test but the lungs were found to be intact in the bodies in the subsequent investigation by the CBI," it said. The earlier report submitted by the doctors that it was not a case of death due to drowning was totally belied by the investigation conducted by the CBI, the court said. "Thus, the very basis of the medical and other evidence, whereupon the Jan Commission had based its findings and conclusions, in the investigation by the CBI have been found to be absolutely false. Therefore, Jan Commission report itself cannot form a basis for this Court to order fresh investigation into the entire episode," the bench ruled. The High Court also said, "We feel that the investigating agency i.e. CBI having completed its investigation and presented the charge sheet, no further monitoring is required by this Court."
While disposing of the petition for reinvestigation, the court however, made it clear "nothing would prevent the trial court in examining the same (reinvestigation issue) in accordance with the powers exercisable by it under Section 173(8) of the Criminal Procedure Code" if there is additional evidence or factor available other than the one on record which has an important bearing in the case.
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