Court directs police to reinvestigate 1993 murder of Jamaat activist

Bandipora, July 8: A local court here has directed police a re-investigation the case related to the killing of a Jamaat activist in north Kashmir’s Hajin area in the year 1993 citing that the investigations in the case were carried out for the sake of completing mere formalities. The court of Judicial Magistrate first class Sumbal has directed the police to re-investigate the case related to the murder of Jamat-e-Islami activist, Abdul Khaliq Wani of Madwan area of Hajin around two decades ago by the pro-government militia group, Ikhwan. The killing allegedly involves the present legislator of Congress party from Bandipora constituency, Usman Majid, then an active member of a pro-government militia group, Ikhwan. The court has directed for reopening of a 24-year-oldmurder case for fair and open investigation in which MLA Bandipora Usman Majid is one of the accused. Usman was then the main member of counterinsurgency group Ikhwanul Muslimeen headed by Kuka Parrey. The court has also directed SP Bandipora to give protection to victim family from Hajin and the witnesses and complete investigation in eight weeks. Usman is alleged to have killed Abdul Khaliq Wani in1993 and FIR 73 then registered was lodged against him in which family of the deceased was dissatisfied with the investigation and had moved to the Jammu and Kashmir High Court. The JK High court directed CJM Sumbal for disposal as per law of the closed FIR. Court after hearing both parties arrived at the conclusion that ends of justice were not met and the case needs to be reopened for fair and transparent investigation. People have taken a sigh of relief at the court order and expect justice in the case. Court has observed that “killer is a Killer” and should undergo trial. The court also observed that failure of the investigating agency to forward the final report of the investigation even after the expiry of 24 years of the incident is a colourable exercise of discretion/ choice and misuse of their power and position. The protest petition has been filed by Advocate Parvez Imroz on behalf of the family of the victim. Background of the case On June 07, 1993, then police-post Hajin received information from reliable sources that on the night intervening 06/07 June 1993, one person namely Abdul Khaliq Wani S/O, Ghulam Qadir Wani a resident of Madwan Prang was shot killed by some unknown gunmen, who has been buried by his legal heirs. On receipt of this information report in daily dairy at Police Post Hajin was entered as report No 6 on 07.06.1993 and thereafter the extract of the report of daily dairy were sent to Police station Sumbal for registration of the formal FIR. Police Station Sumbal on receipt of an extract of daily dairy report No 6 dated 07.06.1993 of Police Post Hajin registered the case/ FIR No 79/ 1993 U/S 302 RPC, 25/27 IA Act and 4 (III) TADA. Accordingly, the investigation was commenced in the matter. While investigating the matter, the Investigating officer came to know on 06.06.1993 at 8:15 pm Abdul Aziz Wani S/o Subhan, Abdul Sattar Wani son of Ghulam Qadir (brother of deceased), Ghulam Nabi Bhat son in law of Mohammad Dar, Sajad Ahmad Wani son of the deceased Abdul Khaliq Wani, Mohammad Ismail Wani son of Subhan Wani (brother in law of deceased), Ghulam Nabi Dar son of SalamDar, Ali Mohammad Hajam son of Mohammad Ramzan, had picked up body of the deceased who was killed by unknown gunmen atGurkhud Band near the orchard of Subhan Malik and the dead body was not shifted to hospital for post-mortem as the people of the area were terrified due to incident and at 12:00 am the legal heirs of the deceased buried the deceased without the post-mortem examination. However, the body of deceased was examined by the witnesses who found the deceased to had received four bullets on his chest. The statement of these personswas recorded. According to the petitioner, who is also the eyewitness of the murder has filed a protest petition wherein he has alleged that MLA Bandipora Usman Majeed, then a member of the counter-insurgency force, Ikhwan, along with other Ikhwani’s, shot dead Abdul Khaliq Wani, resident of Madwan, Hajin, Bandipora District, for his association with the Jamaat-e-Islami. The killing was witnessed by the family members of the victim. The police filed an FIR against unidentified gunmen while on 3 June 2016, Justice S. Ramalingam, of the Jammu and Kashmir High Court admitted a petition on this case, issued notice for response to the parties including MLA Usman Majeed, and directed for a status report by the Police to be filed on the next date of hearing in the week of 11 July 2016. “The family of the victim, despite the existing fear, had approached the High Court to direct the Police to carry out proper and fair investigations into the killing by constituting a Special Investigation Team. Family members who are eyewitnesses to the murder are willing to have their statements recorded against MLA Usman Majeed and the other accused Ikhwanis.