Family alleges ‘case being prolonged against our son’
Srinagar: An under-trial Kashmiri man Ehtisham Farooq Malik, languishing in Tihar Jail, was not presented for an important hearing in a 2006 militancy related case at a court in Sopore on Saturday. His family alleged that his case was being “deliberately” prolonged to continue his incarceration.
Malik, a 27-year-old bio-technologist, is undergoing detention in New Delhi’s Tihar jail since February 2012 in a case of “waging war against India”.
“A case was registered under FIR 366/2006, u/s 007 RPC, involving slain militant commander Abdul Qayoom Najar,” said Farooq Ahmad Malik, Ehtisham’s father who is an engineer by profession.
“It was in 2016 that we were told that Ehtisham is involved in that FIR and it was a surprise for me because Ehtisham was with me in Kanpur in 2006 when the FIR was registered in police station Sopore,” Farooq said. “I forced police to file the charge sheet in the case so that the case is closed as soon as possible but now the trial is being delayed every now and then because Ehtisham is not being produced before the court in Sopore where the case is registered.”
“The case, however, is totally fabricated and false,” he claimed.
Maliks, a prosperous family, live in Mumkak, Batpora Sopore in Baramulla district. The case is undergoing trail in the court of additional sessions judge, Sopore.
Farooq said that since the brutal assault in Tihar on November 21, Ehtisham was brought for hearing only once on November 28. “After the judge saw his condition, Ehtisham was shifted for special medical care, first to Sopore hospital and then to SKIMS Soura,” he said.
Ehtisham is one of the four Kashmiri prisoners who were ruthlessly beaten up along with 14 other Indian prisoners on the night of November 21 by a special team of Tamil Nadu police. The TSP personnel have been suspended and Delhi Court ordered investigation is going on in the case.
Farooq said that Ehtisham was scheduled to be presented before Sopore Court on December 9 “but since he was asked to record his statement before the assault investigation committee, he could not come”.
“Now, today’s hearing was important but the J&K government has cited bad roads and thus he was not escorted for hearing,” Farooq claimed. He added that another Kashmiri prisoner, Nasir Mehmood, was brought up to Jammu on last Thursday in Shalimar but was driven back in the evening express after “J&K government refused to provide vehicle and necessary escort”. Mehmood was detained in Trikuta Nagar police station for whole day; his case was listed in Srinagar High Court on Friday but he missed it,” Farooq added.
Ehtisham, Farooq said, is being “punished for no reason”. “His jail term will end in February 2019 but Tihar Jail authorities can give remission to him and he can be released earlier if his conduct inside the jail remains satisfactory,” he informed.
“If he was brought here on scheduled dates the case would have been closed but it is being deliberately delayed,” he alleged. “Court regularly issues production warrants but no necessary arrangements are being provided,” he said. “It is Tihar jail authorities who bring Kashmiri prisoners, if involved in any case in Valley, up to Jammu and then it is responsibility of J&K government.”
Farooq said that since his son’s Delhi case is closed and “there are a few months remaining in his seven-year punishment, what is the logic for keeping him in Tihar jail?”
“He has no case in Delhi now and must be shifted to Srinagar because of pending cases here and it will save government some money as well,” he said.