The Jammu and Kashmir High Court has directed the police to file the status report in a case wherein investigations have been sought into a killing allegedly involving Congress Legislator and former Ikhwan ul Muslimeen Commander, Usman Majeed.
In a petition (OWP 939/2016), Sajad Ahmad Wani has investigation into the killing of his father Abdul Khaliq Wani on 06 June 1993, alleging the involvement of Usman Majeed and his associates.
The High Court directed the police to file the status report in this regard and also asked if it has filed the closure report in the case before any judicial magistrate as mandated by law.
It is pertinent to mention that the police had closed the said case as untraced in December 1993 but did not submit any closure report before the concerned magistrate under section 173 of Cr Pc.
The petitioner has alleged that for 24 years, the police have failed to submit its closure report before a magistrate who in turn has the authority to accept or reject the investigation leading to the closure.
What comes out glaringly rare in the case is the fact that police closed the investigation within 6 months of the occurrence of the incident. The petitioner alleges that his father was killed my Usman Majeed and his associated for his association with Jamat e Islami.
Usman Majeed was a powerful counter-insurgent and commander of infamous ikhwan, who later became member of the Legislative Assembly and a minister of the state, the petitioner alleged. He further alleges that killing was witnessed by the family members of the victim – whose testimony was never taken by the police and the FIR was registered against unidentified persons.
On 3 June 2016, Justice S. Ramalingam, of the Jammu and Kashmir High Court admitted a petition in 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 State government and the other two accused have so far responded to the court, but the main accused Usman Majeed is reported to disregard the court notice.
The family of the victim has approached the High Court to direct the police to carry out proper and fair investigations into the killing by constituting a Special Investigation Team.