INVESTIGATING AN INVESTIGATION

    Nazim Rashid custodial killing

Sopore probe begins from scapegoats

‘Swift and exemplary action’: Booked for murder, Dy SP’s PSO was in Anantnag when Nazim Rashid died in Sopore on July 30

Ahmed Ali Fayyaz

SRINAGAR, Aug 15: In total reversal of Chief Minister Omar Abdullah’s repeatedly made assurances of a fair investigation---and exemplary punishment to the guilty---Special Investigation Team (SIT) of the Jammu & Kashmir Police has begun its task with the arrest of a Constable who was 120 Kms away in Anantnag when Nazim Rashid Shalla died in custody in Sopore on July 30^th. Investigating the Police investigation for over a week, Early Times has discovered that this detainee number one, selection grade constable Nisar Ahmad Malik, who has been behind the bars since his arrest on August 6^th, was continuously at his home in Anantnag, as also at post-wedding feasts in the same area, from July 26^th to July 31^st.

Police press release, issued to media at 9.14 p.m on August 6^th, did not reveal details of Nisar’s residence. Issued in the backdrop of separatist leader Syed Ali Shah Geelani’s call to the Kashmiris that they should persist with protest ‘until killers of Nazim Rashid are arrested’, it simply said: “The Special Investigation Team, which is being supervised by Deputy inspector General of Police, North Kashmir, today arrested two policemen namely SgCt. Nisar Ahmad No. 203/Sopore, SgCt. Mohammad Abass No. 243/ Sopore in case FIR No. 202 /2011 under section 302 RPC lodged in police station Sopore regarding the death of Nazim Rashid alias Naveed Anjum son of Abdul Rashid Shalla of Alam Dar Mohalla, Sopore”.          

Nisar and Abbas were produced on August 7th before a judicial magistrate, who remanded them to Police custody for five days. Extension was granted on August 12^th for another five days.

The best way of tracing Nisar’s movement was, obviously, the BSNL cellphone in his use for several years. SIM card of 9469537168 stands issued to his father, Abdul Gani Malik S/o Mohammad Akram Malik R/o Wai-Bamdora, Anantnag, who retired as Assistant Sub Inspector of Police (ASI) at District Police Lines Srinagar in 2005. This phone has been in Nisar’s possession and use all through his posting in Sopore since beginning of 2010.

Working on Nisar’s call detail record, it became clear that he reached his home in Wai-Bamdora from Sopore on July 26^th. After staying at his home for three days, he reached Zaldora Larkipora, nearly 4 Km from his home, to attend an invitation at the house of father-in-law Gul Mohammad Bhat. Personal Security Officer with Dy SP of SOG Sopore, Ashiq Hussain Tak, SgCt Nisar was married to Rozi Jan of Zaldora on May 19^th this year. After a day-and-night stay at Zaldora, Nisar reached the home of Master Mohammad Yousuf, at Wanihama Dyalgam (Anantnag) in the forenoon on July 30^th alongwith wife Rozi Jan and stayed there continuously till morning of July 31^st.

Nisar and Rozi Jan attended the feast at the house of Master Yousuf’s brother, Master Ghulam Mohiuddin Bhat (posted in ZEO Office Achhabal), and subsequently stayed at the former’s house for the night.

On the eventful evening of July 30, all of Nisar’s calls are operated through BSNL’s Her Dyalgam tower (See box ‘C’). After six outgoing calls from 7.12 p.m to 9.51 p.m, Nisar’s phone is switched off for the night. This is exactly the timing of Nazim Rashid’s custodial interrogation and getting hit fatally, though his death occurred a little after midnight. Sources associated with the official investigation revealed that SP Sopore, Altaf Khan, received a call that informed him about the death and forced him wake up at around 1.00 a.m that night.

“I know Nisar since he was my student at Govt High School Sagam, Kokernag, in 1998. I got him to my home when he was a student of Class 9^th. He stayed and studied here till his Class 12^th. Then he went back to his home”, Master Mohammad Yousuf Bhat, presently posted at Govt High School Harhpora, Hakoora, said. He described Nisar as an extremely obedient and disciplined boy and claimed that he could never indulge in a criminal activity, let alone killing innocent people under torture. “We had invited the couple as my brother had organized a Khatm-e-Shareef. We had a number of guests. We have over a hundred witnesses to say that he Nisar and his wife had lunch and dinner and both stayed at our home on July 30/31”, he added.

“In the morning on July 31, Nisar left for Anantnag. He told us on phone that he had been called from Sopore and asked to report on duty urgently as his Sahab (Dy SP) had landed into some trouble”, Master Yousuf Said. He narrated that Nisar returned to Wanihama, Dyalgam, took his lunch there and then left for Sopore around 3.00 pm on July 31.

Retired ASI Abdul Gani Malik told Early Times that his son Nisar was “completely innocent and not involved” in arrest, interrogation or custodial killing of the retired SI Abdul Rashid Shalla’s son in Sopore. “It’s all a drama enacted to save the culprits. If this happens with a dutiful Police official and a retired ASI’s son, one can only imagine what would be happening with an ordinary person”, Malik complained. According to him, Nazim Rashid’s death was a crystal clear case as over a dozen personnel must have participated in the process and all of them were present in Sopore. He alleged that SIT was “looking for scapegoats”, making eyewash actions and its task was clearly “to protect the culprits”.

Even as head of the SIT, Rashikh Mir, did not pick up the phone, DIG North Kashmir, Munir Khan, who is supervising the SIT, insisted that the investigation would be taken to its logical conclusion. “It’s a murder case. All of our actions have to stand the judicial test and scrutiny. We have arrested three persons and would be going for more arrests from tomorrow”, Khan told Early Times.

Khan further revealed that doctors had sent an interim post mortem report but he would be sending it back to them tomorrow with certain queries and seeking some clarifications. He said that SIT had got all the statements of witnesses recorded under section 164 Cr PC before a judicial magistrate and no scope was being left for changing of statements or the witnesses turning hostile during prosecution. He made it clear that Dy SP of SOG had been only attached and nobody other than constables Nisar, Abbas and Janak Raj, had been arrested till today.

When it was pointed out to Mr Munir Khan that Nisar had not been present in Sopore on the day of Nazim Rashid’s arrest and death, he revealed that he was the man who had “destroyed the evidences”. DIG did not elaborate but sources associated with the investigation said that Nisar had burnt the wooden roller that had been used in third degree torture of Nazim.

Why SIT was picking up actors of post-killing events and not those who acted on July 30? Who ordered Nisar to burn the roller and destroy other evidences? Why are they still scot free?  Why over 15 SOG personnel, who participated in Nazim’s interrogation, had neither been arrested nor interrogated in the last 15 days? Nobody has an answer. “We can’t reveal further as that can hamper the investigation”, DIG Munir Khan pleaded.

END

A. SEQUENCE OF EVENTS

Date	Event
July 28	Mohammad Ashraf Dar of Krankshivan Sopore gunned down by suspected militants.
July 30	Nazim Rashid Shalla @ Naveed Anjum picked up by SOG Sopore for interrogation; He died in custody after midnight.
July 31	FIR No: 202 of 2011 under section 302 RPC registered at PS Sopore; Dy SP of SOG Ashiq Hussain Tak attached; Three cops suspended; Magisterial inquiry ordered; SIT constituted for investigation
Aug 02	SP Sopore Altaf Khan transferred to J&K Armed Police
Aug 06	SgCT Nisar Ahmad Malik and Mohammad Abbas arrested
Aug 07	Nisar and Abbas produced in CJM’s court; Remand for 5 days granted
Aug 12	Remand of Nisar and Abbas extended for 5 days

B. SgCt NISAR AHMAD’S LOCATION FROM July 25 to Aug 06

July 25	Present on duty with Dy SP of SOG in Sopore
July 26	Leaves Sopore for home; Reaches home (Wai-Bamdora, Anantnag)
July 26 to 28	Stays at home in Wai-Bamdora, Kokernag, Anantnag.
July 29/30	Stays at in-laws’ home at Zaldora, Larkipora, Anantnag
July 30	Alongwith wife Rozi Jan, reaches house of Master Mohmmad Yousuf Bhat/ Master Gh Mohiuddin Bhat at Wanihama Dyalgam; Takes lunch-dinner-lunch there on 30/31 and leaves for Khannabal, Anantnag
July 31	Receives call from SOG Sopore; Asked to reach back immediately; Returns to Bhats’ home; Leaves for Sopore after taking lunch; Reaches back to duty in Sopore at 7.00 pm
Aug 1 to 6	On duty with Dy SP of SOG Sopore
Aug 06	Arrested alongwith SgCT Abbas at 8.00 pm

C. CALL DETAIL RECORD OF NISAR’s CELLPHONE 9469537168

Date	Time	Call duration	From/ To	Incoming/ Outgoing	Nisar’s Tower Location
July 30	07:16:18	45 sec	9469419931	Outgoing	Mattan Microwave
	07:17:45	59 sec	9469563377	Outgoing	Dyalgam Exchange
	07:23:34	129 sec	9469563377	Outgoing	Her Dyalgam
	07:30:06	13 sec	9469563377	Outgoing	Mattan Microwave
	07:39:17	238 sec	9469563377	Outgoing	Dyalgam Exchange
	13:55:00	34 sec	9469563377	Incoming	Dyalgam Exchange

July 30	19:12:03	21 sec	9469419931	Outgoing	Her Dyalgam
	20:05:27	10 sec	9697480360	Incoming	Her Dyalgam
	20:22:36	07 sec	9697480360	Outgoing	Her Dyalgam
	20:23:17	09 sec	9697480360	Outgoing	Her Dyalgam
	20:25:11	12 sec	9469419931	Outgoing	Her Dyalgam
	21:51:40	111 sec	8872224589	Outgoing	Her Dyalgam

July 31	10:13:00	28 sec	8803436320	Incoming	Her Dyalgam
	10:50:20	41 sec	8803436320	Incoming	Her Dyalgam

D. Chief Minister Omar Abdullah’s Tweet on July 31

“The death of Anjum Rashid in police custody is a gross human rights violation and inexcusable. Things like this cannot be allowed to happen. I expect the police to do nothing less than make an example of those responsible so that nothing like this ever happens again. Swift & exemplary action. No delays, no cover ups, no excuses. That’s all I can promise & ensure. It’s not enough, of that too I’m aware”.

E. Chief Minister Omar Abdullah to media at SKICC on August 1

“Action has to be taken against those who are guilty. We have initiated probe to inquire into the circumstances that have led to the death in custody. We are not interested in covering up any of the facts or in protecting any of those who are ultimately responsible for this death. Some steps have already been taken. A murder case under section 302 has been registered and we will ensure that the full force of law is brought to bear on these people. They will be made an example so that nobody ever again decides that the law can be treated in such a shabby manner”