Principal Session’s Judge, Srinagar, Muhammad Yaqoob Mir has ‘reprimanded’ police for ‘shielding’ the two main accused army personnel in the 2004 Fahmeeda gang rape case.
The court directed police to arrest the two main accused, Sanjeev Kumar and Ashwani Kumar, both army personnel immediately for the trial.
Mir in his order said, “The conditions for invoking powers under section 351 of the Criminal Procedures are satisfied because prima facie there is sufficient material available on the record which persuades me to take cognisance against the two left out army personnel (accused). Warrant of arrest be issued and sent to SHO Police Station Rajbagh for execution.
“So far as the acts committed by the police for shielding these two accused is concerned and the total derogation exhibited will be taken care of by ordering appropriate action against them at an appropriate time,” the judge observed.
On October 27, 2004, Fahmeeda Banoo of Sidiqabad Sopur, wife of Tariq Ahmad was allegedly raped by the two army personnel in a guest house at Rajbagh where she had to put up after reaching Srinagar late.
The driver of the vehicle, Shamas-ud-Din, had turned down her request to drop her at Sopur. Instead he had offered her to stay at his home. Having no other option, Banoo had to accept the offer.
Police Station Rajbagh after receiving information about the incident raided the guest house in the wee hours next morning and arrested Bal Krishan, Rakesh Kumar, Sanjeev Kumar and Ashwani Kumar. Shamas ud Din was also arrested. Police had registered the case under FIR No. 132/2004.
After investigation, the charge sheet was filed against the accused Sanjeev Kumar, Ashwani Kumar and Shamas ud Din.
During the investigation N M Shanker, Commandant of JK Light Infantry Regiment (JAKLI) of 56 APO vide his letter dated October 29, 2004 asked police to handover the two main accused Sanjeev Kumar and Ashwani Kumar for court martial.
Sub Inspector Ghulam Mohiuddin of Police Station Rajbagh handed over the two accused troopers to JAKLI centre which was proved from the handing and taking over certificates.
In the records the statement of the victim is shown to have been recorded under section of the 164 criminal procedures by Judicial Magistrate 1st class Chadoora on November 22, 2004.
In the statement the prosecutor is shown to have deposed two army personnel Bal Krishan and Rakesh Kumar claiming they are innocent.
But in the final report, SHO has made reference to the statement recorded under section 164 Criminal Procedure Code (CrPC) mentioning that the accused Bal Krishan and Rakesh Kumar have been exonerated as per the statement of the prosecutor.
The judge in his order questioned the competence of JAKLI commandant to ask the police to handover two army personnel besides lambasting the police.
The Principal Session’s Judge Srinagar in his order said, “It is quite astonishing as to how the two accused army personnel have been handed over by the police to the JK Light Infantry Regiment. Question of trial of the accused by the court martial in accordance with section 549 CrPC with section 125 Army Act could arise only when the accused would have been brought before the magistrate.”
The next hearing of the case is on December 10.