J-K HC rules out fresh probe into 2009 Shopian case

The Jammu and Kashmir High Court has ruled out reinvestigation into the death of two women in Shopian district of the state in 2009, holding that the report of one-man judicial commission alone cannot form the basis for ordering a fresh probe into the case.

A division bench comprising Chief Justice M M Kumar and Justice D S Thakur, while pronouncing the judgement yesterday, said the report of the Jan Commission -- which was not binding on an investigating agency -- was based on evidence which did not stand the investigation conducted by CBI.

Two women -- Neelofar (22) and her 17-year-old sister-in-law Asiya -- were found dead on the banks of Rambiara stream in Shopian district on May 30, 2009, leading to allegations that the two were raped and murdered by personnel of security forces. This lead to massive protests across the Valley while Shopian district remained shut for nearly seven weeks.

The government had ordered a judicial commission headed by Justice (retired) Muzaffar Jan to probe the incident. The commission, while pointing towards foul play in the death of the women, had maintained that it was impossible for someone to drown in water level of ankle height in the stream where the bodies were recovered.

The state government in September 2009 had ordered an inquiry by CBI into the case which concluded that there was no rape and murder of the women. The investigating agency held that the two women had died due to drowning.