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HindustanTimes Thu,25 Dec 2014

'File status report in custodial disappearance case'

UNI  Srinagar, March 30, 2013
First Published: 14:27 IST(30/3/2013) | Last Updated: 21:28 IST(30/3/2013)

Jammu and Kashmir high court has directed the government to file latest status report in 16-year-old disappearance case of a youth after his arrest by army.

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Directions by the court came after deputy advocate general Nissar Hussain Shah of the state sought more time to file the status report on the grant of sanction for prosecution against the Army personnel accused of involved in the custodial disappearance of Mushtaq Ahmad Dar, who was allegedly taken into custody on April 13, 1997 from Batmaloo area of the city.

A single bench comprising justice Mohammad Yaqoob Mir, after hearing both the sides, granted one week time to government to file latest status report.

Mother of Mushtaq, Azizi has filed a writ petition in the high court seeking justice into the enforced disappearance of her son who was allegedly picked up by the forces in 1997
and his whereabouts are not still known.

Police in its earlier status report filed by SHO Parimpora said that the investigation of the case was complete and the case stood proved under section 364 of RPC against Major Vishwajeet Singh and commandant SK Malik of Army's 20 Grenadiers Camp Batamaloo Bemina.

According to the report, all legal formalities were completed and the case file was submitted to SDPO West for further action including accord of sanction for initiation
of prosecution against the accused.

The report said as soon as the sanction is accorded by the competent authority, the case is resubmitted for judicial determination.

On the order from high court, an inquiry regarding the custodial disappearance of Mushtaq was conducted by the additional sessions judge Srinagar.

The inquiry report said that Mushtaq was picked up by the armed forces and thereafter he disappeared from the custody.

After the report was submitted before the high court, the respondents were given opportunity to file objections to it.

The court had earlier directed the state government and director general of police (DGP) to proceed with the prosecution in the case in FIR 66 of 2009 registered regarding disappearance of Mushtaq.

The court had held that all the respondents in the case are liable for the compensation to the petitioner for disappearance of her son.


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