Srinagar: Exactly eight years ago, on this very day of September 18, a police officer shot dead two young men, Bilal Ahmad Najar and Noor ul Amin, in Khanabal, Anantnag. Although the then government gave its consent to prosecute the officer, but until now the two families of the slain duo are still waiting for the day to see justice done.
The families of the deceased – Bilal Ahmad Najar of Khanabal and Noor ul Amin Dagga of Nai Basti Anantnag (Islamabad) town have been fighting a legal battle to get justice for the past eight years.
On September 18, 2010, Najar and Dagga were killed in police firing when they were waiting outside a mosque at Khanabal to take part in the funeral prayers of a student Maroof Ahmad Nath, who had drowned in the Jhelum River on September 13 after forces allegedly chased some boys in the area.
The victim families fought a long legal battle for the registration of an FIR against the accused deputy superintendent of police Noor-ul-Hassan Parray. The accused police officer was a probationary DySP in 2010.
The High Court had upheld the order of chief judicial magistrate, Anantnag (Islamabad) to register the FIR against the accused police officer. Later, the J&K government accorded the sanction for the prosecution of the accused DySP Noor-ul-Hassan Parray for killing the duo.
The two families and eyewitnesses maintain that they were killed in unprovoked police firing when the two were waiting outside Ahli Hadees Masjid at Khanabal to join the funeral prayers of Maroof Ahmad Nath.
The order issued by the Home Department vide order number Home/Pros/12/2016, said that during the course of investigation the Investigating Officer has established, prima facie, a case under section 304-11 of RPC against Parray. However, the challan has not been so far produced before the court.
“We express our dismay at the system for having a reputation of being expensive and prone to delays. We the victim families have spent over six lakh rupees on the litigations. However, the road to justice is still made to remain far from the reality,” said Muhammad Amin Najar, the elder brother of Bilal Ahmad Najar.
While referring to their long legal battle to get the justice, Amin said that with regard to the case, “police concocted a story that the duo were killed in firing incident near Delhi Darbar (Bus Yard), and a case FIR No. 355/2010 was registered in Police Station, Anantnag with distorted facts.”
Subsequently the families of the deceased persons approached a court for the registration of a separate case, with the plea that the deceased persons were injured in the firing incident near Ahli Hadees Masjid, Khanabal, and not near Delhi Darbar.
“In this connection, a separate case FIR No.361/2012 under section 302 RPC was registered at Police Station, Anantnag, after judicial intervention with the further direction to constitute a Special Investigation Team, and as such investigation was initiated,” he said.
He added that during the course of the investigation, conducted by Special Investigation Team (SIT) constituted in the matter, statement of witnesses was recorded and as many as 27 independent witnesses named DySP Noor-ul-Hassan Parray as accused in the case.
While quoting from the official order of the government wherein sanction was accorded for the prosecution of this accused police officer, he said: “During the course of the investigation, on the basis of the statements of witnesses, the seizure memos and other evidence, the Investigating Officer has established, prima facie, a case under section 304-11 of RPC against the accused.”
“On 26 July 2017, the High Court at Srinagar directed the authorities to produce Challan before the court in this case. But the accused was given enough time to get the order stayed from the High Court at Jammu,” said Amin.