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Kathua rape and murder: Lawyers try to prevent Crime Branch from filing report before CJM

Mubashir Bukhari

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By Mubashir Bukhari

Jammu/Srinagar, Apr 09: A group of lawyers on Monday prevented Crime Branch (CB) of Jammu and Kashmir Police from filing charge sheet into rape-and-murder of eight year old girl Asifa Bano at Court of the Chief Judicial Magistrate (CJM) Kathua.
According to the reports, when the CB team reached CJM court along with the accused persons, the lawyers of Kathua Bar Association started sloganeering and prevented the team to produce the report.
“Go Back, Go Back, Crime Branch Go Back,” the lawyers shouted slogans asking police not to produce the charge sheet in the case.
When the situation turned ugly, police had to rush reinforcement to facilitate the entry of Crime Branch officials into the court.
Later, after the situation was brought under control, the charge-sheet was produced before the CJM, Kathua against the seven accused persons involved in the crime.
Inspector General of Police crime branch, Syed Ahfadul Mujtaba confirmed the charge sheet was produced against the seven accused,” while that of “eighth one is under process”.
The seven accused against whom charge sheet has been produced under sections 302, 376, 201, 120-B RPC are Sanji Ram, 60, the mastermind behind the crime, special police officers (SPO) Deepak Khajuria and Surender Verma, Head Constable Tilak Raj and civilian Parvesh Kumar, Sub-inspector, Anand Dutta and son of Sanji, Vishal.
The Jammu High Court Bar Association (JHBA) is on strike since Thursday in support of various demands including handing over the Kathua rape-cum-murder case to CBI, a demand which was also highlighted by women relatives of the accused who are on an indefinite hunger strike since March 31.
Defending its demand for handing over the Kathua rape-and-murder case of a minor girl to the CBI, JHBA president B S Slathia said it only favoured “fair investigation” of the case as the government sidelined the Jammu crime branch and gave responsibility of the investigation to a special team from Kashmir.
“A criminal is a criminal and not linked to any religion. We demand severe punishment to those who have done wrong but we will not hesitate to raise our voice if the investigation is done in a wrong way,” he said, adding the government should have come forward on its own and handed over the case to CBI.
Bar Association Kathua, whose members were protesting on Monday, in a press statement said that their agitation shall continue.
“The Bar has unanimously decided to keep the work under suspension till April 12. An appeal is made to the civil society, private schools association, Vyapar Mandal Kathua, Transporters’ Union etc to observe complete Kathua bandh on April 11. There shall be complete bandh on April 11 in the whole of Jammu province in support of the demands out forth by Jammu High Court Bar Association,” read the statement.
The move by the Jammu lawyers has miffed the valley lawyers who demand strict action against them.
“Under section 186 of RPC, if anybody interferes with the performance of a public servant performing his duty, action against the concerned person can be taken by the concerned officer. They should have arrested them and filed an FIR,” senior advocate, Zaffar Qureshi said.
“The investigating officer according to this provision should have file a case against them and arrested the protesting lawyers. If not arrest, they should produce a challan against these people,” he said.
He questioned the demands of the Jammu High Court Bar Association which is asking for CBI probe in the case.
“Why are they asking for CBI when state government is already probing it,” Qureshi said.
“They didn’t file any Public Interest Litigation, on what basis are they protesting? It is a criminal matter, where a Muslim girl has been raped in a temple and they are giving it another angle,” Qureshi added.
Official sources said that the crime branch, probing the rape-and-murder, had found hair strands from Devistan temple in Hiranagar after one of the accused revealed during interrogation that Asifa was held captive inside the temple.
The crime site was searched and the hair strands were found and sent to Forensic Laboratory (FSL) New Delhi. The report confirmed that they were that of Asifa.
The report was received by the crime branch along with the postmortem report which has also confirmed the seductive medicine (Clonazepam) used to unconscious the girl by the accused.
The investigating agency has so far arrested eight accused persons including the mastermind Sanji Ram and his son Vishal Kumar, a police head constable, two SPOs and a sub-inspector of police in connection with the crime.
Sanji Ram, a retired revenue officer, surrendered before the crime branch on March 20 and the development came a day after his son Vishal Kumar was arrested from Meerut, Uttar Pradesh, in connection with the case (FIR No: 10/2018 U/S 363, 320, 376, 302 RPC). Both father and son were evading arrest in connection with the gruesome rape and murder which send shock waves across the state.
The investigations had revealed that it was not a random crime but part of a wider conspiracy to dislodge the Bakarwal community from the Rassana village in Kathua. Sanji Ram has been bent upon to dislodge the nomad community from Rassana village, the probe said.
“The mastermind behind the entire game was bent upon dislodging the Bakarwal community and in order to execute the nefarious design, he hatched conspiracy (with others),” the SIT submitted in a status report before the high court recently.
The minor girl had been missing since January 10 when she failed to return home from watering horses in her native Rassana forests, and her body was found on January 17.
The next day, after protests rocked the area, the Kathua police had said that a SIT, under SDPO border, had been set up to investigate the case.
On January 20, the government transferred the Station House Officer of the Hiranagar police station, ordering a magisterial probe, and three days later, on January 23, handed the case over to the Crime Branch.

 

Mubashir joined The Kashmir Monitor as a reporter/ sub-editor in Jan 2013. Since then, he has been consistently covering beats including conflict, politics, education, and health. He is also handling online section of the paper besides working as Video Producer.

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Upcoming elections: BJP banks on ‘some friends’ in JK

Press Trust of India

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Jammu, Jan 20: BJP general secretary Ram Madhav on Sunday said while his party would most likely go it alone in the upcoming Jammu and Kashmir assembly elections, it would form a “stable government with some friends” in the state after the polls.
He said his party would contest all seats in the state.
“There is the least possibility of a pre-poll alliance with any party for the assembly elections in the state. The BJP will emerge (as) the largest party after the elections and will give a stable government to the people with some friends,” Madhav told reporters here.
Due to the special circumstances in the state, “we have no hesitation in joining hands with others” to form the government, he said.
Talking about the Bharatiya Janata Party’s (BJP) erstwhile ruling alliance with the Peoples Democratic Party (PDP), he said, “After elections we formed an alliance, but today again the BJP is going it alone in the elections.”
The BJP leader said Prime Minister Narendra Modi will kick start the party’s campaign for upcoming parliamentary and assembly polls in the state during his visit on February 3.
“While the parliamentary elections are scheduled for April-May, the BJP is ready for the assembly polls in the state as well. It is up to the Election Commission to decide whether the two polls are held together or separately,” Madhav said.
The Election Commission had in November last said fresh elections in Jammu and Kashmir would be held within the next six months. The state is currently under President’s rule.
Madhav dismissed allegations that the BJP did not favour assembly polls in the state.
“There is no truth in the rumours being spread that the BJP is not in favour of early assembly polls in the state,” he said.
He claimed some other parties wanted the polls to be deferred as they feared losing.
Asked about the PDP expelling former minister Altaf Bukhari, Madhav said, “I don’t want to talk about internal matters of another political party, but I must underscore one point here that he is the same leader who was projected as the chief minister of the combined opposition when they (PDP, Congress and National Conference) were trying to form the government in the state just a couple of months ago.”
Speaking about rehabilitation of Kashmiri Pandits, Madhav said the BJP has prepared a roadmap for the community’s return and rehabilitation and it will be implemented only when the situation in the Valley turns conducive.
“We had identified land at five places in the Valley for pandit townships. But due to various reasons, it could not materialize, the biggest being the prevailing security situation in the Valley,” he said.
The BJP leader said the party was bound by its promise to Kashmiri Pandits and when the situation improves, it will take the community’s leadership into confidence and move forward.

PM to visit JK on Feb 3; BJP expects 2 lakh turnout in Jammu rally

Jammu, Jan 20: Prime Minister Narendra Modi will visit Jammu and Kashmir on February 3 to lay the foundation stone for and inaugurate various projects in all three regions of the state, BJP general secretary Ram Madhav said on Sunday.
He said Modi will lay the foundation stone for and inaugurate projects worth Rs 35,000 crore and Rs 9,000 crore in Jammu and Kashmir, respectively, during his visit.
“The prime minister is visiting the state next month and will visit Leh, Jammu and Srinagar. He will address a mega rally in Jammu in which over two lakh people are expected to turn up,” Madhav told reporters here.
He said Modi will lay the foundation stone for AIIMS, IIM, IIT, Jammu-Akhnoor road, Shahpur-Kandi road, Sunderbani College, and IIMC in Jammu during his visit.
The prime minister will also inaugurate an engineering college in Kathua and the Jammu ropeway project, he added.
Responding to a question, the BJP general secretary said, “We tried to take forward many projects being part of the previous government, like AIIMS. It was due to our efforts that we brought one AIIMS for Jammu even when in rest of the country only one AIIMS was given to each state.”
Madhav alleged that several projects were delayed due to the Peoples Democratic Party — the BJP’s coalition partner in the erstwhile state government.
“We undertook many projects like this. However, the coalition partner used to slow down the process, otherwise it could have been done earlier,” he said.
He said the BJP will continue its efforts to ensure all-round development in the three regions of the state.
The party was also making efforts to ensure reservation for the Pahari speaking people and divisional status for the region of Ladakh, Madhav said.
“We are making a demand to the governor administration to grant reservation to the Pahari people, who are mostly residing in Jammu, and the divisional status to Ladakh before the prime minister’s visit to the state,” he said.
He asked party leaders and workers to work hard for to make Modi’s visit successful.

 
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Tribal, minority community being targeted in Jammu: Mehbooba

Mudassir Kuloo

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Srinagar, Jan 20: People’s Democratic Party (PDP) president and former chief minister, Mehbooba Mufti Sunday expressed serious concerns over the selective targeting of the tribal Muslim community in Jammu Division.
Highlighting instances of how the community is being targeted and harassed, Mehbooba, during a presser here, asked the governor’s administration to take immediate measures to restore the confidence of this vulnerable community in the system.
She said that selective eviction notices were served to 33 nomadic families in Jammu after the collapse of government and as recent as December 2018, an anti-encroachment drive against Gujjar and other marginalized Muslim families in Jammu was initiated.
All this despite existing directives issued by her as CM in February 2018, whereby no tribal community was supposed to be disturbed or dislocated till the time the state government formulated a tribal policy.
The directive had also said that if any such an eviction drive was necessary, it should be done after consulting the tribal affairs department.
Mehbooba said that Muslims of Jammu are being openly threatened by communally motivated campaign such as “Ikk Jutt Jammu Maha Adhiveshan (The Save Jammu Crusade)”.
“These drives talk about the dangers posed to the people of Jammu from the growth of Muslim colonies in and around Jammu, and how it is a concerted effort to change its demography. These are reflective of the mindset of the perpetrators of such bigotry,” she said.
“These extremist elements have created fear among fresh settlers by physically targeting individuals in isolated incidents so that they don’t plan permanent settling in Jammu. This is what they have done during the past as well,” she said.
She pointed out that that circle rates in Sunjwan Bathindi areas have been raised to 1.5 crore per kanal while as in chawadi it is 65 lakh per kanal. This, she said, has been done is a deliberate attempt to make purchase of land in areas being inhabited by Muslim in particular difficult.
“Attempts are being made to include all Muslim areas under Jammu municipality so that constructions are stopped on all non-proprietary land and without permission,” she added.
She said that PDP will do “everything to voice their concerns and highlight any bias and marginalization perpetrated by the state”.
She warned the government that giving in to communal designs is like playing with fire in an already politically fragile state.
“Any tinkering with the minorities in Jammu will have a cascading effect in Kashmir and the situation can go out of control. The governor administration must, therefore, be cautious in dealing with this matter,” she said.

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Mahagathbandhan alliance of corruption, negativity: PM

Agencies

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Margao (Goa), Jan 20: Prime Minister Narendra Modi Sunday dismissed the Opposition’s show of unity at a rally in Kolkata as an alliance of corruption, negativity and instability, saying while those parties have “money power”, the BJP has “people’s power”.
He also said that seats in educational institutes will be increased to implement the 10 per cent general category quota.
Modi was addressing BJP’s booth-level workers from Lok Sabha constituencies of Kolhapur, Hatkanangle, Madha and Satara in Maharashtra and South Goa through video-conference.
Leaders from over a dozen opposition parties gathered in Kolkata on Saturday and vowed to put up a united fight in the coming Lok Sabha elections and oust Modi from power.
Several opposition leaders at the rally demanded the use of ballot papers instead of the electronic voting machines (EVMs) which, they said, were the source of “all sorts of malpractices”.
Modi said the Opposition was staring at a defeat in forthcoming elections and looking for excuses ahead of their impending loss and thus, were vilifying EVMs.
“You must have seen that one of the leaders who was sharing the dais recalled the Bofors scam. Truth cannot be kept hidden. The Opposition’s mahagathbandhan is an alliance of capitalists, corruption, scams, negativity and instability,” he said.
“The Opposition has ‘dhanshakti’ (money power), we have ‘janshakti’ (people’s power),” he added.
Replying on the query from a booth worker in Kolhapur, Modi said while the Opposition alliance is with political parties, “our alliance is with the dreams of 125 crore Indians and their hopes and aspirations”.
“Those who were on the dais in Kolkata were either son or daughter of a big person or who wanted to make his son or daughter big in politics,” he alleged.
Those who never believed in democracy within their parties were now talking about democracy from a public platform, he said, taking a dig at the Opposition’s rally.
He said such people do not have faith in any institution and are busy defaming constitutional authorities.
“We get worried when some groups take people for granted. They think people are fools. That is why they don’t leave any stone unturned to change their colour… I would like to repeat, this is a dangerous game for the country and a thing to worry about,” Modi commented.
“While on one hand they are busy saving or nurturing their own families, we are busy developing a nation. Our country is our family… Those who start violence against the person contesting against them even at panchayat level, are now singing songs of protecting democracy,” he said.
Modi said the Centre’s decision to provide quota to the economically weaker sections from the general category in education and government jobs has given “sleepless nights” to the Opposition.
“If our decision had no strength, then these people would not have had sleepless nights. They have to get down in the field to spread lies and rumours. This means we have done right work and worked for the country,” he said.
Seeking to allay concerns about lack of seats in educational institutes to accommodate the new quota provision, he said, “I would like to assure that we will increase 10 per cent seats in every educational institution so that despite reservation, everyone will get an opportunity.”
He said the government would ensure that no one faced injustice and that the quota for Scheduled Castes, Scheduled Tribes and Other Backward Classes remain intact.
“But with (the new) 10 per cent reservation, new opportunities have been opened up,” the PM asserted.
The government has worked rising above the political interests. “Sabka Saath, Sabka Vikas has been the focus of our style of functioning,” he said.
He said the BJP had taken such a “historic step” that if any party had to make such a move without researching the Constitution, he would have himself criticised it.
“After researching the Constitution, we made 10 per cent reservation for the economically weaker section. They (opposition) have not done anything for social injustice. When we did it, they were caught napping,” he said.
These people are still “unconscious”. When the government has taken a historical step for the larger good of people, it is natural for them to oppose, he said.
“Those who say that I took the decision keeping polls in mind, I want to ask them, when do we not have elections in the country,” the PM questioned.
He said if he had to take the decision three months ago, then people would have claimed he did it keeping in mind elections in five states.
“If I did it before, they would have said I did it for the Karnataka elections, before that they would have said I did it to get benefit in Gujarat elections,” the PM noted.
Before starting the interaction with people of Goa, Modi wished ailing Chief Minister Manohar Parrikar a speedy recovery and called him the “architect of modern Goa”.
“I would like to wish my good friend and Goa’s popular CM and architect of modern Goa, Manohar Parrikar, a speedy recovery. The way he has been working and his zeal towards work has been an inspiration for a party worker like me,” he said.
Appealing BJP workers to strengthen the booths, Modi said the party has given respect to the word ‘worker’.
“Due to earlier governments, the image of a worker was that of a ‘dalal’ (middleman). But, the image of BJP workers is that of ‘maa Bharati ke lal’ (patriots),” he added.

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