On 30 th of May Saturday 2009, in the morning, a news spread throughout the valley that at Shopian on the banks of Rambi-ara two dead bodies of one Nelofar and Asiya were found and it was reported in the electronic media that before their death the victims have been gang raped. The Jammu and Kashmir High Court Bar Association contacted its sources at Shopian to obtain the information about the incident. On the basis of concrete information and factual data about the incident the Bar Association felt a serious criminal act has been committed. The Jammu and Kashmir High Court Bar Association accordingly declared to send a fact finding mission to the spot of occurrence. Accordingly a fact finding team of lawyers was constituted to be headed by the President of the Bar Association Mr. Mian Abdul Qayoom. On account of the unavoidable circumstances and official restraints besides continuous house arrest of the President, the team could not make its expedition to Shopian.

In view of the continuous and unabated house arrest of the President it was decided the fact finding mission of the Bar Association shall be led by Mr. Mohammad Abdullah Pandith Vice President of the Bar Association on 4 th of June 2009. Consequently the Vice President led the fact finding mission to Shopian on 4 th of June Thursday 2009, comprising of 9 members and prominent lawyers of the Bar Association including Mr. G. N. Shaheen Advocate General Secretary of the Bar Association, Senior Lawyers namely Mr. Mufti Mehraj-ud-din Farooqi, Mr. Manzoor Ahmad Dar, Mr. Rafiq Ahmad Joo, Mr. Mohammad Ashraf Bhat, Mr. Bashir Sidiq, Mr. Intikhab Yousuf Parray and Mr. Mohammad Ashraf Khanyari Advocates. The team members who were on their way to Shopian, were intersected by the District Police Pulwama at Kakpora Bridge, twenty kilometers from Srinagar by a huge contingent of state forces led by Dy. S.P. Davender Singh. The members were arrested without any legal justification and consequently were prevented from going to Shopian. The team members were kept in illegal detention in District Police Lines Pulwama till 7.30 P.M. on the said date.

Since the date of occurrence, the state administration and the state government resorted to misinformation campaign about the incident, the concerned S.P. Pulwama namely Javid Iqbal, Dev. Commissioner Kashmir Masood Samoon Cabinet Minister Ali Mohammad Sagar and the Chief Minister presented a wrong picture of events and belied the nation by their statements far away from the realities. The chief minister Omar Abdullah while on one hand ruled out the possibility of rape and murder of the Shopian victims and on the other hand ordered a judicial commission to seek findings on a vague reference. Bar Association sensed the entire state missionary is being used for hushing of the matter to shield the culprits and important pieces of evidence are being destroyed intentionally and deliberately by the authorities at the helm of affairs it was decided to approach the Hon’ble High Court through Public Interest Litigation in the matter. The Bar Association accordingly filed a (PIL) bearing OWP No. 515/09 titled J&K High Court Bar Association Versus State before the Hon’ble High Court of J&K the matter was seriously taken by the Hon’ble High court and the state was asked to respond the issues raised by the Bar Association in the PIL.

On account of the deliberate failures of investigating authorities and dereliction of duty by the authorities and use of state apparatus in hushing up the matter to shield the culprits it became more pressing for the Bar Association to approach the spot of occurrence and record actual facts about the incident in order to preserve the pieces of evidence. Under the instructions of the President J&K High Court Bar Association, only two members of the fact finding team namely Mr. G. N. Shaheen (General Secretary of the Bar Association) and Mr. Fayaz Ahmad Ganai Advocates could make it to reach on spot and collect the evidence. The team members despite all state restrictions entered the Shopian town today on 07 th of June Sunday 2009 at 1.00 P.M. When the team entered the town, the town was virtually under Curfew. Civilians were off the roads and detained in their houses. The roads and streets provided a deserted look with only gun wielding state forces including CRPF and SOG personnel on roads with fingers on triggers on the guns. When the team members entered into the home of the victims, the bereaved family members were under serious shock and enforced silence.

On introduction of the members of the team, the family members broke their silence and interacted with the members of the team. On hearing about the presence of team members, people of the Mohalla rushed into the house of the victims and interacted with the team members. During the course of preliminary introduction it was revealed that Nelofar one of the victims was married to Shakeel Ahmad and out of the wedlock there is born a baby who is of two years of age by now namely Suzain Shakeel. Shakeel Ahmad is head of the family and has been looking after his two younger sisters namely Miss Roomi Jan aged about 20 years and Miss Asiya Jan aged about 16 years (one of the victims) and younger brother Aaqib aged about 14 years reading in 9 th Class. A number of people deposed before the team members who had some kind of personal knowledge about the gruesome tragedy.

Statement of Miss Roomi Jan D/o Late Abdul Gani Ahanger R/o Village Bonagam Shopain Khas aged 20 years:-

I am the sister of Asiya (the minor victim) who was younger to me. Asiya has passed the Matriculation last year with distinction having secured more than 85% marks. She was reading in 11 th Grade at Shopian. Nelofar was my sister-in-law married to my brother Shakeel Ahmad. On 29 th of May 2009 at about 4.30 p.m., Nelofar Babi and Asiya Jan left the home for the fruit orchard situated at near a Pati Village namely Nagbal just 1½ kilometer away from the home. Till 6.30 p.m. they could not return home and in the mean time Shakeel Bhai my brother entered the home and I informed him that Nelofar Babi and Asiya Jan had gone to the orchard above said but have not returned back till now. Shakeel Bhai told me I will go to see them. But at near about 7.30 p.m. Shakeel Bhai came back and while not finding both the victims at home was surprised and told that they have much earlier left from the garden according to Mrs. Ghulam Qadir Sheikh whose house falls near by the orchard Shakeel Bhai was puzzled and called on phone his friend namely Showkat Ahmad Dalal with the request to come immediately alongwith his motorcycle. Showkat Ahmad came immediately and both Showkat Bhai and Shakeel Bhai left the home for searching out the victims. I was not in the search operation but on next date I saw the dead bodies of Asiya and Nelofar. There was a serious wound in the head of the Asiya and the surface under her eyes was bluish. On right side of the face Asiya had a wound cut by teeth. There were also bruises on chest and neck of Asiya. There were red circular scars and scuffs apparent on the neck and wrists of Nelofar Babi. On the right arm of Nelofar Babi teeth cuts were visible on the spot where she had ingrained the name of Shakeel Ahmad at Ajmir Sharief some years back.

Statement of Shakeel Ahmad Ahanger S/o Abdul Gani Ahanger R/o Village Bonagam Shopain Khas aged 26 years. Shakeel Ahmad deposed as under :-

Our family comprises of myself, my wife Nelofar (victim), my two sisters namely Roomi Jan and Asiya (victim), my younger brother namely Aaqib and my two years child namely Suzain. I was married to Nelofar some three years back and out the wedlock there is one child namely Suzain Shakeel who is two years of age. Nelofar was at present pregnant before the incident also for last two to three months. I am a shop keep by profession and my shop is situated at Central Market Shopian.

On the sad day of incident, the 29 th of May 2009, after closing the shop I reached home near about at 6.30 p.m. my younger sister Roomi Jan told me that Nelofar and Asiya Jan had gone to orchard situated near Nagbal a Pati village of Shopian town at about 4.30 p.m. but have not returned back till now. I immediately rushed towards the orchard through Botapora/Zoura link road but couldn’t see them returning and I accordingly reached to the garden and searched them in the orchard but could not found them. On seeking information from Mrs. Ghulam Qadir Sheikh whose house is situated near by our orchard she told me that they were both in the orchard and had left much earlier from the orchard towards their home. I returned back to home by near about 7.30 p.m. in the evening but while not finding both of them at home I called on phone my friend Showkat Ahmad to come to our home alongwith the motorcycle who accordingly came and we both left for searching the victims. We carried a thorough search around the orchard and in the adjacent areas along-site the Rambi-ara till 10.00 O’clock in the night but couldn’t trace out the victims anywhere.

Consequently later on we returned back and went to the police station Shopian and narrated the entire situation about the missing of the victims to the Munshi of the Police Station namely Riyaz Ahmad who recorded my oral statement and assured a police assistance to trace out them. Accordingly 8 members headed by one Hawaldar Mohammad Yasin accompanied us to the orchard area. All the police officials boarded in the 407 tata bus and in the meantime other family members also joined us. Police had search lights and we had also battery torches with us. the police alongwith us carried the search operation upto 2.30 a.m. in the intervening night of 29 th and 30 th of May 2009, but couldn’t find a trace of the victims. During this course lot of phone calls came to the Hawaldar Mohammad Yasin and at 2.30 a.m. the Mohammad Yasin said victims are not traceable and let us return back and trace them out in the morning. He told us that we will call you tomorrow morning but we did not have any call from the police nor had any response from the police station.

In the next morning at about 6.30 a.m. on 30 th of May 2009, a number of people along with me left for searching out the victims they include my friend Showkat Ahmad Dalal, Manzoor Ahmad brother Waseem Manzoor my nephew and others. The news about the disappearance of the victims had spread like fire and many people young and old were rushing towards the area of incident. We were there to reach, S.H.O. Police Station Shopian namely Shafeeq Ahmad also reached there with a police party and there was also a Medical Van.

I saw one camera man on spot some yards distant from the S.H.O. On spot SHO Shafeeq pointed towards a particular site near by the Botapora Bridge and told there I feel some read cloths are lying. At his instance we moved towards the red cloth there we saw dead body of Nelofar Jan lying on the banks of Rambi-ara with her head placed on a big stone with one hand upwards and her Firaq lifted towards the chest and cut at certain places. The Dupatta was not on her head she had worn while leaving the home. The marks of violence were apparent on the various parts of the body of Nelofar. The dead body was lying on dry area and the hair of the head of Nelofar and her clothes were totally dry and body was also dry there was no sign of wetness on hairs of head, clothes or her body. The right arm of the Nelofar was cut by teeth and the cut were visible similarly various marks of violence were apparent on the chest of Nelofar. She had red circular scuff marks round the both wrists and on the neck it seemed that scuffs are caused due to tightening of hands and neck with ropes. The body was half naked with torn clothes and tooth cuts on face and chest. I was shocked to see the dead body of Nelofar and hue and cry was there and the suspicion strengthened about the Asiya’s loss of life.

The dead body of Nelofar was recovered nearby the Crematory ground on the eastern bank of Rambi-ara which spot falls near by the CRPF camp and Police Lines located in the area. The area wherefrom we recovered the dead body is high security zone in view of the location of the CRPF camp and Police Lines and police residential colony nearby under construction. This spot we had visited during the night a number of times but at that time none of us could see anything there. The dead body of Asiya was spoted out by a number of people near about a 1 kilometer distance on eastern banks of the Rambi-ara near Ziyarat Sharief Aarhama. The dead body of Asiya was spoted and lifted by Mohammad Ashraf, Imtiyaz Ahmad, Farooq Ahmad, Jahengir Ahmad and others.

Statement of Riyaz Ahmad Ahrar :-

Those who lifted the body of Asiya have stated that the dead body was lying on dry sand on the eastern bank of Rambi-ara. Just about 1 kilometer away downwards the Rambi-ara near Ziyarat Sharief Aarhama. The clothes on the body of Asiya were torn. The hairs were dry, clothes and body dry. There was a wound on the head of Asiya, the blood drops were bleeding through the nose of Asiya. It appeared that Sindoor was thrown in the Mang of Asiya’s head. The body was lifted by Mohammad Ashraf, Imtiyaz Ahmad, Farooq Ahmad, Jahengir Ahmad and others. There was a wound apparent on the right cheek of the dead body of Asiya. The dead body was half naked and no signs of wetness on body, hairs and clothes were there seen. The muscles of the eye orbits were bluish. The dead body of Asiya was recovered at about 7.30 i.e., near about 1 hour after the dead body of Nelofar was recovered. On the opposite bank of the Rambi-ara this spot towards north west there is located an RR Camp and down to this camp there is goodwill school and adjacent to it near by the Rambi-ara pull there is forest police protection force camp. There was chaal on the mouth of the Asiya. I was on spot at the time of the recovery of dead body of the victims. This is what we have seen and state accordingly.

Statement of Mohammad Ashraf S/o Abdul Aziz R/o Shopian:-

Mohammad Ashraf stated that :- We spoted the dead body of Asiya which was lying on eastern bank of the Rambi-ara nearby Ziyarat area lying on dry sand. The dead body was near about naked. Clothes were torn she had a serious wound in her head serious cuts on right cheek and bruises on her chest. The sexual violence was patent. Others who helped in lifting the dead body of Asiya include Imtiyaz Ahmad, Farooq Ahmad, Zahengir Ahmad and others.

Dead bodies in the hospital

The dead bodies after recovery were taken by the locals on their shoulders towards the town and taken to district hospital Shopian for Postmortem and autopsy tests. There were three doctors namely Doctor Hilal, Doctor Nazir and some lady doctor who is reportedly related to local sitting MLA Mr. A. R. Zouri to conduct the postmortem, autopsy test and other medical investigation. The people were in a deep shock and in a peaceful manner gathered in the ground awaiting for completion of the medical investigation and handing over of the dead bodies to them for burial.

While the doctors were conducting postmortem and were about to give their opinion police official alongwith the S.P. Shopian namely Javid Iqbal entered the hospital. The locals on spot alleged that the S.P. not only influenced the doctors to change their opinion and also advised them to leave the hospital from the backdoor. According to Mohammad Ashraf and others the S.P. concerned prevailed upon the above named doctors to change their opinion, who thereafter said that it is not a case of rape and murder but it is a natural death due to drowning. On hearing this, the people got annoyed and situation got out of control and accordingly on the instructions of District Magistrate Mohammad Ramzan Tokhar a team of doctors from Pulwama was called for conducting the postmortem of the victims. Accordingly three doctors namely Doctor Mohammad Maqbool, Doctor Ghulam Qadir Sofi and doctor Nighat came as deputed by the CMO Pulwama on official instruction. They conducted the postmortem and autopsy tests. The father of Nelofar namely Syed Abdul Hai entrusted Quran Sharief in the hands of doctor Nighat and requested her to report the exact happenings. Doctor Nighat in the name of Quran declared before the general public that both the victims are raped and murdered thereafter according to our medical investigation.

After the 2 nd medical investigation of the dead bodies by the fresh team of doctors above named, the dead bodies were brought to home for last burial ceremony. When the dead bodies of the victims were brought to home a number of women stated about the physical condition of the victims as it appeared to them, among them the statements of Suraiya W/o Zahoor Ahmad Najar, Shahzada, Zamrooda and Afrooza are very important because these ladies have given last religious bath to the victims and have seen the physical conditions of the victims while giving a bath to them.

Statement of Suraiya W/o Zahoor Ahmad Najar R/o Dalal Mohalla Shopian aged 35 years :-

Stated as under :

I gave last religious bath to the dead body of Asiya I was accompanied in the religious duty by Shahzada W/o Muhammad Ashraf Najar and other women. Wound on the head of Asiya was patent. Blood drops were bleeding through her nose while giving bath to her marks of violence were present on various parts of the dead body of Asiya. She deposed in presence of her husband namely Zahoor Ahmad about the physical condition of the private parts of Asiya and told that her vigena was injured and shrinkened inside and not in virgin frame but was like a married women which suggest rape has taken place. The rape was evident. Shahzada W/o Muhammad Ashraf deposed the same way and corroborated the statement of Suraiya. The last bath to Nelofar was given by one Zamrooda Wife of Shabir Ahmad Mir R/o Shopian. Suraiya said what has happened to Asiya may not happen to any other girl.

Statement of Zamrooda W/o Shabir Ahmad Mir R/o Shopian:-

States that as a lady I can conclude there were marks of physical and sexual violence on the dead body of Nelofar. I have offered the gusul to her and there were other ladies alongwith me who observed the same I state. Other ladies including Afroza W/o Zahoor Ahmad Ahanger, Shameema W/o Abdul Hamid Ahanger R/o Shopian who had also seen the dead bodies of Nelofar and Asiya while according gasul to them said that signs of physical and sexual violence were patent on the dead bodies.

Other persons who narrated identical statements include Basharat Ahmad Gandroo S/o Rafiq Ahmad, Faroq Ahmad Khan S/o Jehangir Ahmad Khan Zahoor Ahmad Najar S/o Abdul Hamid Najar Nighat W/o Parvaiz Ahmad Zarger and their observations suggest that Asiya and Nelofar have been first abducted and gang raped and murdered thereafter.

All the family members have said that while offering gasul to the victims the S.P. and other officials threatened us with dire consequences and even Abdul Hai was abused by S.P. he loudly said these things do happen.

The team members have also taken a stock of the area where from the dead bodies were recovered and a separate spot sketch is attached to this report.

Conclusions

On the basis on narration of statements made by the various persons mentioned in this preliminary report and the circumstances attending the case we observe as under:-