Commission's purpose of Shopian inquiry defeated: Justice Jan

Sumir Kaul
New Delhi, Jul 12 (PTI) Justice Muzaffar Ahmad Jan
probing the alleged rape and murder of two women in Shopian
district of Jammu and Kashmir Sunday accepted that the very
purpose of the Commission was defeated as prime culprits were
still not identified.

"I feel sorry. If the culprit was apprehended then of
course it would have been a complete success. You cannot
create evidence. You have to wait. Commission does compel
anyone to depose," Jan told PTI in a telephonic interview.

He was answering to a question whether the purpose of the
Commission was defeated as prime culprits were yet to be
identified.

He also chose to distance himself from some annexures in
his report, questioning the behaviour of brother and husband
of Neelofar -one of the victims, which generated controversy
in the valley.

"That is not my report...Unfortunately...what has
happened is that the investigating team, our police
investigating team have also prepared their investigating
report which I did not accept, which I did not take on record,
which I did not include in the main report," he said when
asked about some portions of his report which generated anger
in the valley.

When asked specifically why he submitted those annexures
if they were not part of his report, Jan tried to defend
himself saying,"...that is all right annexures were there but
I have not incorporated anything in the report. You see, if
somebody puts up an application before the court, the court
keeps the application on the file. We don't clear off the
application. The fact is that we have not taken anything from
the report."

Bodies of Neelofer (22) and her sister-in-law Asiya (17)
were recovered from a stream on May 30 after they went missing
from their orchards in Shopian town the previous evening,
sparking off massive protest by locals who suspected the hand
of armed force personnel in their alleged rape and murder.

The state government ordered a judicial enquiry headed by
retired High Court Judge Justice Muzaffar Ahmad Jan into the
matter.

"You see there are number of other annexures with the
report...Investigating authority has submitted a list of 60
witnesses examined by them. Along with that report, which is
his report, saying that investigations on these lines could be
conducted. I had nothing further to do with the
investigations. I did not adopt the report," he further
clarified.

When asked why he did not leave a note of dissent in his
report, Justice Jan said it was a one man commission so there
was no question of any dissent.

He also said prime culprits could not be nailed because
initially evidence was "destroyed" which could be attributed
to "negligence" of the investigating police officers.

"Evidence was not collected when it was available, when
it could have been detected then ultimately the evidence is
destroyed. It can be attributed to negligence also," he said.
PTI SKL
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