Jaleel Andrabi case hearing today
Prosecution to make statement about Avtar’s suicide
Victim’s family to approach HC to seek re-investigation of case
ISHFAQ TANTRY
Srinagar, June 12: The Court of Chief Judicial Magistrate (CJM), Srinagar is scheduled to hear Jaleel Andrabi custodial killing case on Wednesday while the family of the deceased may
approach High Court to seek re-investigation of the case and prosecution of other suspects involved in killing of Andrabi.
The hearing of the case assumes significance as the prime accused Major Avtar Singh shot himself dead after killing his wife and two children in his California home on June 9.
The prosecution is expected to inform court about the suicide killing of Major Avtar Singh and it is very likely that CJM may direct prosecution to produce the report authenticating Avtar’s death.
Meanwhile, counsel representing family of Jaleel Andrabi in the case, insist that they will wait for the orders of the court and press that translated version of the charge sheet and appended documents be provided to them.
“Let’s see, how the court proceeds. But we may still require the translated copies of charge sheet and other material,” said Advocate Hafeezullah Mir, the counsel representing Jaleel Andrabi’s family in the case.
The CJM had on June 6 granted police five days time to translate the charge sheet and appended documents into English.
Major Avtar, who served with 35 Rashtriya Rifles unit of Army in Srinagar, kidnapped Jaleel Andrabi, a renowned HR activist and High Court lawyer on March 8, 1996 near Barzulla, Srinagar when he was driving home with his wife. His badly mutilated and tortured body was fished out from Jhelum river near Kursu Rajbagh on March 27, 1996.
Subsequently, on orders of High Court, a murder case was registered against Avtar Singh and others, which is pending trial before the court of CJM Srinagar for over a decade.
While evading law, the ex-Indian Army officer Singh had fled to Canada and then to United States after he was accused of killing Andrabi. He was arrested by police in the Central California in February, 2011 following a complaint of domestic violence by his wife. However, after being let off the in domestic violence case, Avtar Singh remained free in US , for reasons that were not immediately clear.
Earlier, CJM had on December 22, 2011 directed IGP Crime to submit report explaining steps being taken to extradite accused Avtar Singh from California USA, failing which he shall have to cause personal appearance before the court.
However, despite the court orders, the formalities required for extraditing Singh from US were not completed for many reasons. The charge sheet and other appended documents were in Urdu and not in English were a series of questions which were raised by concerned Ministry of External Affairs officials responsible for procession extradition formalities of Avtar Singh.
Meanwhile, Advocate Hafeezullah Mir said Jaleel’s family is likely to file appeal before the Srinagar Sessions courts or High Court in the coming days.
“Besides pressing for further investigation into the case, they will also seek initiation of proceedings against the prime accused Major Avtar Singh in five FIRs registered against him in different police stations involving murder charges. We may also raise the plea that Ministry of External Affairs (MEA) and Chandigarh passport authorities be directed to provide travel documents and details of Singh’s emigration (exit) from India”, he said.
Earlier, in 2009, CJM Srinagar had dismissed an application moved by the Jaleel’s family, wherein they had prayed that court should direct police to further investigate the case. They had submitted before the court that besides Major Avtar Singh many more persons were involved in the kidnapping and subsequent custodial killing of Jaleel Andrabi.
Subsequently, in February 2012, the family of the deceased lawyer and human rights activist had moved two more applications before CJM Srinagar seeking initiation of proceedings against Major Avtar Singh.
The application prayed that court initiate proceedings against Major Avtar in five other FIRs registered against him at police station Rajbagh, Sadder and Shaheed Gunj under Section 302 (murder).
The family had also asked Ministry of External Affairs (MEA) and Chandigarh passport authorities to provide travel documents and details of Singh’s emigration (exit) from India.
However, after hearing both the family and prosecution, the applications were dismissed by the CJM Court.
“We have now decided to challenge both these dismissal orders of CJM by filing an appeal either before Sessions Court or the High Court. We are working on the appeal and it may take some more days”, counsel Hafeezullah said.
He said the case had dragged on for several years without any headway as the main accused was evading the justice system.
"So far, 15 judges have heard the case since the chargesheet was filed. Three of them have retired while nine have been promoted...the prosecutors in the case have also risen through the ranks but there has been no end to the delay in delivery of justice," Hafeezullah added.
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