2009 Shopian rape and murder case


The Shopian rape and murder case is the abduction, rape and murder of two young women allegedly by local indian army.
in mysterious circumstances between 29 and 30 May 2009 at Bongam, Shopian district in the Indian state of Jammu and Kashmir. Two women who were sisters-in-law went missing from their orchard on the way home on 29 May 2009. The next day morning, their bodies were found both one kilometer apart. Local police rejected the allegations saying that the women appeared to have drowned in a stream.

Victims

Neelofar Jan, aged 22 and Aasiya Jan, aged 17 were sisters-in-law and resided in Bongam, Shopian. Neelofar Jan was married to Shakeel Ahmed Ahangar and the couple had a two-year-old son. Aasiya Jan was the daughter of Abdul Gani Ahangar. She had secured a distinction in her matriculation exams in the year preceding her death.

Initial stages of investigations

The villagers alleged that both were raped and murdered by the security forces. A protest called up by a separatist leader turned violent and the administration declared a curfew-like situation lasted for over 47 days. A press release by the police on 30 May stated "Post-mortem conducted revealed no marks on the dead bodies including private parts." No FIR was registered for either rape or murder and the government of Jammu and Kashmir ordered for a judicial probe by Justice Muzaffar Jan into the incident because of people's lack of faith in police investigations. In a strange twist to the Shopian rape and murder case, the doctor who conducted the post-mortem of the victims has reportedly told investigators that she submitted her own vaginal swab samples instead of one of the victim's.
On 7 June 2009, Jammu and Kashmir police filed FIR of rape and murder following widespread protest across the state.

Case history

While on 31 May 2009, the Chief Minister of Jammu and Kashmir, Omar Abdullah, appointed Muzaffar Jan to carry out the probe and complete the inquiry in one month's time. The Superintendent of Police, Dr Haseeb Mughal, and The Chief Prosecuting Officer, Abdul Majid Dar, were to assist in the probe, headed by Justice Muzaffar Jan. The report would be subsequently tabled in the state assembly to make it public. The notification issued in this regard by the Home Department said that the Commission shall:
The government has further directed that the provisions of sub-section 2, 3, 4, 5 and 6 of Section 5 of Commission of Inquiry Act shall be applicable to the Commission.

Outcome of Justice Jan commission

The final report filed by Justice Jan Commission is summarised in seven parts.

Rejection of probe

The High Court Bar Association, on 1 June 2009, rejected the probe ordered by the government demanding a sitting Judge of High Court or Chief Justice to carry out the probe instead of a retired Justice, Muzaffar Jan, while separatist leader Syed Ali Shah Geelani demanded Amnesty International to probe the incident and also urged the High Court Bar Association to probe the matter at their own level so that the people could know the truth.
However, the Advocate General of Jammu and Kashmir, Muhammad Ishaq Qadri commented that the Commission of Inquiry headed by a sitting or a retired judge does not make any difference regarding the legality of its findings, which are recommendatory in nature in both the cases.
Unionist leader of the opposition in the assembly and the PDP president, Mahbooba Mufti, also rejected the government's inquiry commission into the case, and called upon the prime minister, Dr. Manmohan Singh, to review the performance of the state's ruling coalition personally as according to her, it had failed to extent of not registering an FIR of rape and murder in the case.

Protests, arrests and curfew

As soon as the news about the incident spread in the Kashmir valley, spontaneous protests started. These protests were followed by the strike call by the secessionist leaders. Demands for justice, self-determination and removal of the Indian forces started. As soon as the protests started, police and Indian armed forces in order to halt the protests batten charged the protesters and fired repeated tear gas canisters. Many separatist leaders were put under house arrest or jailed.
DateDetails
30 May 2009As soon as the news about the incident spread in the area, the entire area was rocked by spontaneous protests. Hundreds of people, including a large number of women, took to streets shouting anti-India and pro-freedom slogans. Police used tear gas and batons to disperse them, who retaliated by pelting stones.
31 May 2009Heavy protest was seen throughout Jammu and Kashmir. Police lobbed scores of tear gas shells and cane charged to quell the protesters injuring more than 40 persons.
1 June 2009Hurriyat Conference, chairman, Syed Ali Geelani called for strike and peaceful protest against the incident. A complete shutdown was observed throughout Jammu and Kashmir with all government offices, shops, schools, banks remained closed. Protest was observed in Anantnag, Baramulla, Budgam, Bandipora, Kupwara, Ganderbal, Pulwama, Shopian and Kulgam.
Protesters restored to stone pelting after police and paramilitary troops fired tear gas shells to disperse the crowd, injuring more than two dozen people. In Shopian, house of the Local legislator was damaged by mobs. Hurriyat Conference, chairman, Syed Ali Geelani renewed the strike call for next two days.
2 June 2009A complete shutdown and protest was seen throughout Jammu and Kashmir in response to the Hurriyat chairman, Syed Ali Geelani's extended strike call.
4 June 2009The complete valley was shut down with heavy protest against the incident.
In Srinagar, 80 people including 8 policemen were injured.
The S.P. of Police, city South, Irshad Ahmed and four policemen were injured and a CRPF bunker belonging to 157 Battalion was set on fire when group of youths pelted stone on the police party in Batmaloo, Srinagar.
Protest also marred polling in Hazratbal Assembly Constituency.
5 June 2009Shops, businesses, schools, government offices and banks remained closed across the Kashmir for fifth consecutive day in response to strike call by separatists to protest alleged rape and murder of two women from Shopian.
The Hurriyat Conference chairman, Syed Ali Geelani, renewed the strike till Sunday, when a comprehensive program will be delivered for further action. He has been authorised by the Majlis Shoura, the highest decision making body of the amalgam.
7 June 2009The seventh day of continued shutdown and protest throughout Kashmir valley leading to 40 civilians and 6 police men injured.
8 June 2009The 8-day-long shutdown in entire Kashmir valley was revamped but strict protests were observed throughout. The Hurriyat Conference asked male students, female students and employees to hold peaceful protest within their campuses on Tuesday, Wednesday and Thursday respectively followed by PHULWAMA MARCH on Friday.
"SHOPHIAN CHALO" announced by The Hurriyat Conference Chairman, Syed Ali Geelani was foiled by police and troops by exhaling curfew like situation in all the parts of the valley. The processions carried out by Muslim Khawateen Markaz led by Zamrooda Habib in Srinagar, by JKLF activities led by Abdul Rashid in Kupwara were stopped by using extensive forces.
The Shopian district saw heavy injuries caused by police and CRPF troops against peaceful protests. 5 people named Zahoor Ahmad of Chakura, Ashiq Ahmad Ganai, Shawkar Ahmad and Jalal-ud-din Bhat, from Baskuchan, and Fazlul Mateen of Handew were critically injured as police broke out firing at Sofan Namam of Shopian district. Four persons identified as Javed Ahmad Bhat, Imtiaz Ahmad Bhat, Shakeel Ahmad Ganai and Shahnawaz Ahmad from Keegam were severely injured in tear smoke shelling at Rang Kadal in Shopian. A person, Riyaz Ahmad, sustained heavy injuries due to beating by the troopers.
19 June 2009The Varmul March call of the Hurriyat Conference was crushed by police and paramilitary forces by sealing all the roads to varmul with curfew like situation. A complete shutdown was seen throughout Kashmir due to restrictions by police.
In Srinagar, at Nowhatta Chowk, youths protested by pelting stones after police used gruesome force against their peaceful protest leading to injuring of 20 people and 3 journalists in which one was UNI photojournalist and other 2 were working with local channels as video journalists. Islamabad, Kulgam, Phulwama, Bijbehara and Ganderbal also saw protests by civilians against the incident.
20 June 2009The strike was observed with complete shutdown of valley as per the Hurriyat Conference's call. Shops, banks, government offices, business, school, all were closed with no public transport on the roads. The police and troops didn't allow any vehicle to head towards Srinagar from other parts of Kashmir due to visit of Vice President of India, Mohammad Hamid Ansari, who visited to attend the annual convocation of the Kashmir University.
The strike at Shopian entered its 22nd day with continuous protests. The police and CRPF troops quelled peaceful protests with tear gas shelling and rubber bullets firing injuring 12 people including six women out of which one woman named Razia, daughter of Abdul Rasheed was severely injured and was admitted to SKIMs
23 June 2009On the Hurriyat's call, teachers throughout the Kashmir valley protested demanding punishment for culprits responsible for the incident. The largest protest was seen at Press Colony, Srinagar by the teachers. The Jammu Kashmir Freedom League's activists also protested at Lal Chowk, Srinagar followed by a march towards United Nations office to submit a memorandum about human rights violations in the valley but police prevented them.

Curfew