In the 2009 Shopian case of Asiya Jan and her sister-in-law Neelofar, the Jammu and Kashmir government has removed the two doctors, who were “working for Pakistan”, and had falsified the post-mortem report of the victims who died by drowning on May 29 that year.
According to top sources, the investigation reveals that the top echelon of then government knew about the facts, which they “conveniently buried”.
Sources said Dr Nighat Shaheen Chilloo, who is working as a consultant gynaecologist at Sub-District Hospital in Budgam, and Dr Bilal Ahmad Dalal, working as a medical officer at NTPHC in Shopian, were found to be key players in hatching the conspiracy.
“Dr Chilloo and Dr Dalal and many others were the lynchpin of this subversion and obstruction of justice. In the Shopian case, they acted on behalf of Pakistan and terrorist groups to create unrest in the Valley,” sources said.
According to the sources, the aim of the duo was to create disaffection against the Indian state by falsely accusing the security forces of rape and murder.
“The government has invoked 311 (2) (c) of the Constitution of India to sack the two doctors after investigation clearly established that Dr. Bilal and Dr Nighat acted on behalf of Pakistan ISI and the terror outfits”, the sources said.
After the Shopian incident, the Kashmir valley saw massive protests from June to December 2009, with 42 strike calls floated by groups such as Hurriyat. Around 600 minor and major law and order incidents were reported from all the districts, the impact of which lasted till the next year.
A total of 251 FIRs were registered in different police stations for rioting, stone pelting and arson. Nearly seven civilians lost their lives and 103 were injured during the protests. Moreover, 29 police personnel and six paramilitary personnel suffered injuries. According to the estimate, Rs 6,000 crore worth of business was lost in seven months.
What was the 2009 Shopian Case?
Asiya Jan and Neelofar of Bongam, Shopian, had gone to their apple orchard across the rivulet Rambiara in the afternoon of May 29, 2009. While returning home in the evening hours, they slipped while crossing the rivulet and unfortunately died by drowning. The bodies were found early in the morning next day, a little ahead downstream. The bodies were recovered by the family members.
Assisted by the local police, the bodies were taken by the family members to their home. “Since the deceased were young and did not die of known illness, the local police initiated inquest proceedings (under section 174 CrPC),” the sources said.
Dr Chilloo and Dr Dalal and others hatched a conspiracy to falsify the post-mortem reports of the victims. Not one but four different post-mortems each were prepared full of inconsistencies and contradictions by the doctors.
Moreover, biological samples belonging to unknown persons (not of the deceased) were fraudulently obtained and placed on record. Four police officers including a district SP were arrested during the initial investigation and put in jail. However, the CBI investigation revealed that they were falsely implicated.
Sources said the CBI did a “fantastic job” but the justice remained elusive because the local CBI counsel was threatened by the terror outfits and their assets not to pursue the case.
How the Conspiracy was Hatched?
According to sources, there were hundreds of stories in media “vilifying the Indian State for encouraging rape and murder and mayhem in Kashmir using its security forces and later hushing it up”. “The effects of these write-ups have been devastating. Hundreds of youngsters expressed their desire to join terrorism… After the local setup of terror network in Shopian twisted the drowning incident as rape and murder, the next layer of terror entities based in Srinagar took over the reins of campaign. High Court Bar Association (HCBA) led by Mian Qayoom in Srinagar filed a PIL. The HCBA has always maintained that it does not believe in the Indian Constitution. A PIL filed by Mian Qayoom led group of lawyers calling themselves as HCBA was a part of the mobilisation of resources by the ISI and terror outfits.”
What did the CBI Investigation Reveal?
The CBI charge sheet report on December 30, 2009 revealed that Asiya and Neelofer were not raped and murdered but they died due to drowning. The two doctors were part of the conspiracy to forge the evidence. Mian Qayoom’s Bar association asked Pakistan to take up the ‘Shopian rape issue’ with the International Court of Justice (ICJ) at The Hague. Qayoom alleged that the government had failed to deliver justice.
“It was premeditated on the part of Pakistan proxy Mian Qayoom and his associates and it is also evident from a series of public press conferences and street protest,” the sources said. He and his associates immediately rejected the CBI findings.
The CBI also exposed the role of few lawyers, doctors and others who subverted and obstructed the investigation. The agency’s findings also played a crucial role in bringing down the street violence and pushing back the false narrative.
However, the framing of the charges by the trial court were delayed by filing of a petition for quashing of charge sheet in the high court through two of the accused advocates (advocate Altaf Mohand and advocate Sheikh Mubarakh) and ensuring that the CBI counsel does not appear to defend.
Sources said after vetting the available records prima facie it appears that the CBI’s local counsel repeatedly failed to appear and represent the CBI’s case in the High Court of Jammu and Kashmir resulting in an adverse order that had grave national security implications. Out of 40 ‘hearings’, he appeared only in six, perhaps because he was threatened by the “terror ecosystem”.
Sources further said the absence of the CBI’s local counsel went unnoticed and unaddressed for a shocking period of “eight years and three months”.
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