Srinagar: In a petition (OWP 939/2016) filed by Sajad Ahmad Wani seeking investigation into the killing of his father namely Abdul Khaliq Wani on 06 June 1993 by MLA Usman Majeed, then a member of Ikhwan ul Muslimeen, and his other Ikhwan associates – the High Court today directed Jammu and Kashmir police to file the status report in this regard. The High Court also asked whether the police have filed the closure report in the case before any judicial magistrate which is mandatory under law.
It is worth to note that the police closed the case as untraced in December 1993 but did not submit any closure report, which they were legally bound to submit before the concerned magistrate under section 173 of Cr Pc. For 24 years, the police have failed to submit its closure report before a magistrate who has the authority to accept or reject the investigation leading to the closure.
It’s rare that an incident that took place on 16 June 1993 and within six months the police shut the investigation. Usman Majeed was a powerful and an infamous counter-insurgent gunman who later became member of the Legislative Assembly and a minister of the state. Therefore, we believe that all state governments since then have obliged him by not conducting a fair investigation.
24 years ago, on 6 June 1993, MLA Bandipora Usman Majeed, then a member of the counter-insurgency force, Ikhwan, and other accused Ikhwan, shot dead Abdul Khaliq Wani, a resident of Madwan, Hajin, Bandipora District, for his association with the Jamaat-e-Islami. This killing was witnessed by the family members of the victim – whose testimony was never taken by the police. Police filed a FIR against unidentified gunmen.
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 has chosen to disregard the court notice.
The family of the victim, despite the existing fear, 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. Family members who are eyewitnesses to the murder are willing to have their statements recorded against MLA Usman Majeed and the other accused Ikhwanis.
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