Budgam: Police were grilled over the lack of proper record on the sequence of arrest of the accused youngster during the maiden hearing of the mysterious murder case of an engineering student in uptown Srinagar.
Owais Bashir Malik was found dead and his body bitten by stray dogs, which led to protests in Peerbagh area of Srinagar. Police later arrested Ishaan Majid during the investigation and claimed that he confessed to his crime of murdering Malik.
On Monday, the charge sheet filed by the police in the murder case was read before the session Judge at District Court, Budgam.
The charge sheet says that main-accused Majeed was arrested on January 19. This became the main point of discussion during the hearing as defence lawyer highlighted the fact that there was no substantial evidence to prove that Ishaan was arrested on the said date. “Police have not maintained any diary which could establish the time and date of arrest which is important,” he said.
Referring to the judgement of D.K Basu verses the State of West Bengal he said the police officer carrying out the arrest of the arrestee shall prepare a memo of the arrest at the time of the arrest and such memo shall be attested by at least one witness who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.
The defence lawyer said, “The police have not done arrest in accordance with the law. They have mentioned the names of witnesses but do not refer to the timing when their statements were recorded”. He said this was the nucleus of the whole case. “Once the exact date and time is established, the whole case will crumble,” he said.
The council also questioned police’s inability to attach the photographers and call details of the deceased (owais Bashir Malik) with the charge sheet.
Owais went missing on January 12 this year and his body was recovered two days later. The police constituted a special Investigation Team (SIT) and on fast track basis tried to solve the case. On 19 of January Deputy Inspector General of Police briefed media on the arrest of Ishaan Majeed, a boy from Barzulla area. Police said Ishaan was posing as a girl-Umaira before Owais on phone and both fell in love and were in a relationship for a year-and-a half. On January 12, Owais insisted Umaira to meet him.
When Owais found that Umaira was a boy he got angry and went into a scuffle with him. Ishaan threw Owais on the Railway track which injured him fatally.
The case has been listed for April 18.