5 Dariya News

Fake encounter case : Court directs police to ensure the presence of witnesses

5 Dariya News

Srinagar 31-Dec-2015

A local Court here Thursday directed SHO Zadibal to ensure presence of prosecution witnesses on each hearing before the court in fake encounter killing of an Imam case trial in 2006.Three prosecution witnesses had been summoned to appear before court to record their statements. However, none of them appeared due to unknown reasons.Taking cognizance of the matter, the Principal District and Sessions directed SHO police station Zadibal to ensure presence of prosecution witnesses on next date on upcoming hearings.On Oct 4, 2006 Moulvi Shoukat Ahmad Kataria, Imam of Thatar Masjid at Alamgari Bazar in old Srinagar was abducted when he was leaving the Masjid for his residence after leading the Isha prayers. Kataria was abducted by unknown men in uniform and taken to a mountain Gandub at Ajas Bandipora in north Kashmir where he was killed mercilessly and passed as a dreaded militant, Abu Zahid of Karachi Pakistan.

An accused ASI Farooq Ahmad Gudoo who was arrested in another fake encounter case of Abdur Rehman Padroo, later revealed during interrogation that no Abu Zahid of Karachi was killed at Gundab, saying it was Moulvi Shoukat Ahmad Kataria of Banihal, who was killed in a fake encounter.Conspiracy to eliminate Kataria was hatched by another Imam, Muhammad Ashraf Khan of Ganderbal as he wanted to lead prayers in Thatar Masjid and used the men in uniform to clear vacancy for him.Police after registering a case (FIR 4 of 2007) in Zadibal Police station probed the matter and finally submitted chargesheet in the court of Chief Judicial Magistrate Srinagar which committed the case to Principal Sessions Court Srinagar. The investigation in the case prolonged as the Army did not cooperate with the investigating officer.

On the directions of Jammu and Kashmir High Court, the Chief judicial Magistrate Srinagar finally handed over the chargesheet against the accused Army men to their court for Court Martial. The police had charge sheeted 11 persons, including five cops and five army men, for the murder. The accused cops, including the then senior superintendent of police Ganderbal, H R Parihar, were arrested and are facing trial in this case.  Parihar is also facing trail in court for killing of a carpenter, Abdul Rehman Padder of Larnoo Kokernag. (CNS)