Srinagar: Jammu and Kashmir High Court on Tuesday
reserved its decision on the revision petition filed by two
accused police officers in the Shopian rape and murder case
after a revelation that injury form filled by doctors during
first post-mortem were removed from the case files.
SP Javid Iqbal Mattoo and Deputy SP Rohit Baskotra who
were arrested for allegedly destroying evidence in the rape
and murder case of two women had filed the revision petition
after session court rejected their bail plea.
Justice Sunil Hali reserved the orders after defence
counsel for the accused police officers Aseem Mehrotra
concluded his counter-arguments.
Advocate General Mohammad Ishaq Qadri and Kashmir High
Court Bar Association President Mian Abdul Qayoom, during
their arguments had opposed the bail plea of the officers.
Mehrotra created sensation in the Court by alleging that
injury form filled by doctors during first post-mortem on
bodies of victims Neelofar Jan and her teenaged sister-in-law
Aasiya Jan, were removed from the case file.
"The first injury form filled by the doctors showed just
a linear injury, which means a superficial cut, and there was
no mention of incisive cut. It was removed from the case
file," the lawyer said.
When asked about the basis of his claim, Mehrotra said he
had managed to get that injury form. He later submitted the
form to the court.
The argument was strongly opposed by SP Shah Din Malik of
the Special Investigation Team (SIT) who said "Linear cut
means a straight injury which can be caused by a sharp edged
Judge made some scathing observations about the
investigations of the SIT saying it seemed that it was
restricted to determining the role of the arrested police
officers in the case.
"The directions of the Division Bench on narco analysis
of the witnesses (who deposed under section 164-A) and
expanding the scope of investigation have not been followed,"
Justice Hali said.
"The SIT has not gone into the failure of the doctors to
conduct the full post-mortem. There is nothing on record to
suggest anything been done with regard to fudging of the
slides (containing vaginal smears)," he added.
Mehrotra continued his arguments saying Dr Nighat
Shaheen, the gynaecologist who was part of the second post
mortem team, should be interrogated.
"Custodial interrogation of Nighat Shaheen and the Senior
Scientific officer of FSL Srinagar, who kept the report with
him for six days, was crucial in getting to the truth and
who they (state) want to protect," he said.
He said none of the police officers were present when the
second team of doctors performed the post-mortem, an argument
rejected by father of Neelofar.