Court hears Jalil Andrabi Murder Case

Asks IGP Kashmir to act



Syed Basharat

SRINAGAR, May 5: Taking a strong notice of non execution of warrant against an army Major Avtar Singh, accused in cold blooded murder case of noted human rights activist and lawyer Jalil Andrabi, a city court today asked IGP Kashmir to pursue the court orders with the secretary Home Affairs, Government of India and IGP Crime and Railways before furnishing a follow-up report by or before the next date of hearing.

The Chief Judicial Magistrate (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.

"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 today, 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 pendency 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 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 allegedly 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.

[Kashmir Times]


[KW Note: A renowned human rights activist, Jalil Andrabi was subjected to extra-judicial execution twelve years ago.

 

On March 8, 1996, Andrabi was detained in Srinagar by Maj. Avtar Singh, known as "Bulbul" (nightingale), of the 35th Rashtriya Rifles unit of the Indian army. Andrabi's wife was told repeatedly by senior police officials that Andrabi was in custody and would be released. Three weeks later, Andrabi's body was found floating in the Jhelum river; an autopsy showed that he had been killed days after his arrest.

 

A case is pending adjudication in a Budgam court against Major Avtar Singh who arrested Jalil and later killed him in cold blood. The high court has time and again directed the government to get the major arrested. Instead of honouring the court order, the union of India has informed the court that Major Avtar Singh's whereabouts were not known. The relatives of the slain activist believe that New Delhi facilitated his migration to Canada by issuing him a fake passport. ]



Posted on 06 May 2009 by Webmaster