Srinagar:
A Special Investigation Team (SIT) of Jammu and Kashmir Police, probing the alleged custodial disappearance of a chemist from Rawalpora 14 years ago, has invoked the charges of abduction, murder and destruction of evidence against an army officer, who is now a brigadier.
The SIT told the Jammu and Kashmir High Court yesterday that it is awaiting the Centre's nod to prosecute the officer.
Manzoor Ahmad Dar (then 35), working as a chemist, was picked up from his home at Rawalpora by unidentified gunmen during the intervening night of January 18-19 in 2002.
Following protests, the police filed a First Information Report (FIR) under section 364 of Ranbir Penal Code (RPC) against Army's 35 Rashtriya Rifles. Subsequently, during the investigation, the name of Major Kishore Malhotra surfaced as an accused.
In its status report, the SIT told the Jammu and Kashmir High Court that the investigation into the case had been completed and the central government nod for prosecution of Malhotra was awaited.
"The custodial disappearance has occurred nearly about 14 years ago which clearly indicates that the disappeared person could have died in custody of 35 RR and accordingly section 302 (murder) of RPC is invoked," the status report, filed by the SIT, in High Court, reads.
"After offence of abduction under section 364 RPC was established against the accused Malhotra, our efforts to trace the abducted person did not materialise as there was no clue of the youth," the SIT said in its report.
In August this year, the Supreme Court had asked the Brigadier to cooperate with SIT, but directed the latter not to arrest him, as was directed by the High Court on July 7 this year.