RUBIYA SYED KINDAPPING CASE: TADA Court frames charges against Yaseen Malik, 9 others


JAMMU, Jan 11: After registration of 30 years of FIR in Rubiya Syed Kidnapping case, Special Judge TADA Jammu Sunit Gupta today order of framing charges against Yasin Malik JKLF Supremeo, Ali Mohd Mir, Mohd. Zaman Mir, Iqbal Ahmad Gandroo , Javed Ahmad Mir , Mohd. Rafiq Pahloo @ Nana Ji @ Saleem , Manzoor Ahmed Sofi, Wajahat Bashir , Mehraj-ud-Din Sheikh and Showkat Ahmad Bakshi S/O Ghulam Mohd Bakshi.
According to the CBI case that in the first week of December 1989, the accused persons in the present charge sheet entered into a criminal conspiracy to kidnap and wrongfully confine Dr Rubia Syeed, who at the relevant time was undergoing resident rotatory internship training in Lal Ded Hospital Srinagar, with an ulterior motive of getting release of their five associates lodged at that time in different jails in exchange of her release. In furtherance of execution of aforementioned delineated criminal conspiracy, they borrowed a blue colored Maruti Car bearing Reg No. JKE-7300 from one of the accused namely- Ghulam Mohd (A12). Thereafter, on 8.12.1989, in the forenoon,accused persons namely- Yasin Mailk, Mohd Rafiq Dar,Ali Mohd Mir ,Iqbal Ahmed Gandroo, Mushtaq Ahmed Lone, Manzoor Ahmed Sofi, Wajahat Bashir, Mehraj-ud-din Sheikh ,Shoukat Ahmed Bakshi, Javed Ahmed alias Nalka, Nanaji alias Saleem ,Riaz Ahmed Bhat, Khurshid Ahmed Dar, Basharat Rehman, Tarik Ashraf, Shafakat Ahmed Shangloo, Manzoor Ahmed alias Munna alias Manzoor Islam assembled in the house of one of the afore named accused namely- Mushtaq Ahmed Lone and deliberated upon the plan to kidnap Dr Rubia Syed, while she would returning back from Lal Ded Hospital Srinagar to her residence at Nowgam Bye pass ,Srinagar. Thereafter, all the accused persons except accused -Mohd Zaman Mir proceeded for Lal Ded Hospital and reached at its main gate. All of them as per their pre-plan, scattered themselves into small groups . At the same time,accused- Yasin Malik pointed his finger towards Dr Rubia Syeed for providing her identification to the accused - Manzoor Ahmed Sofi and Iqbal Ahmed Gandroo and asked them to keep a watch over her movements, while, she was inside the hospital. Later on, they were replaced by accused- Mushtaq Ahmed Lone and Mohd. Rafiq Dar. At about 3.45 PM, Dr Rubia Syeed came out from the hospital with her friend Dr. Miss Nargis Andrabi and started walking towards matador point at exhibition crossing. Upon this,Accused -Mushtaq Ahmed Lone & Mohd Rafiq Dar, who were earlier keeping an eye over her movements, started following them. At the same time, Accused Persons Abdul Rehman Dar ,Manzoor Ahmed Sofi and Mehraj -ud-din alias Dina also started following them by forming another group . On reaching Hari Singh Street, Dr Nargis turned towards Amira Kadal Bridge for proceeding towards her house whereas, Dr Rubia Syed proceeded further on Hari Singh high street to reach exhibition crossing to board mini bus for her house situated at Nowgoan, Bye pass. At about 4.00 PM, she boarded on Tata mini bus having Reg. No JKF-0697 bound for Nowgoan Bye Pass. Immediate thereafter, Mushtaq Ahmed Lone, Mohd Rafiq Dar, Nana Ji Saleem ,Iqbal Ahmed Gandroo, Manzoor Ahmed Sofi alias Mushtafa & Mehraj-ud- din Sheikh, who were earlier following her also boarded on the same mini bus. In the meanwhile, Accused-Ali Mohd Mir started plying the Maruti Car, without number plate in which Accused persons Yasin Malik, Javed Ahmed Mir alias Nalka and Ishfaq Ahmed Wani (now deceased) were also boarded, and started following the aforementioned mini bus.On reaching Hotel Zam-Zam at Rambagh ,Accused persons- Ali Mohd Mir, driver of the Maruti car dropped accused - Yasin Malik and Javed Ahmed Mir alias Nalka there . Both of them boarded the mini bus and get mixed with the other accused persons who were earlier boarded on the same. When the mini bus was about to reach the last stop at Nowgoan Bye pass, accused persons - Yasin Malik and Ishfaq Majid Wani took out their pistols and pointed to the driver of the mini bus and simultaneously asked him- not to stop,rather, continue ply the vehicle further. At the same time, Mushtaq Ahmed Lone, Mohd Rafiq Dar, Nana Ji alias Saleem, Iqbal Ahmed Gandroo, Manzoor Ahmed Sofi took out their respective pistols pointed it to the driver and accused Miraj-ud-din had took out AK-47, which was lying under his feron and pointed it towards the passengers including Dr Rubia Syed and asked them to keep sitting without making any noise. Thereafter, mini bus proceeded further towards Kanipora . On reaching at Kralpora , accused Yasin Malik. Ishfaq Ahmed Wani and other accused asked Dr Rubia Syed to get down from the minibus. On showing reluctance to do so, she was threatened to be killed. At the same time, Javed Ahmed Mir alias Nalka get into the minibus and forced Dr Rubia Syeed to get down from the same. Thereafter, she was forced to be boarded in the blue color Maruti car being driven by accused Ali Mohd Mir. Thereafter, Yasin Malik and Ishfaq Ahmed Wani also boarded in the said Maruti Car. They took her to Sopore and kept her in an old house situated in irrigation colony, which was in the possession of the accused-Javed Iqbal Mir. After two hours,accused Ali Mohd Mir,Yasin Malik, Ishfaq Majid Wani and Mohd. Rafiq Dar shifted her to the flat-B-1 of Irrigation colony Sopore belonging to accused Javed Iqbal Mir. She was kept there from the evening of 8thDecember up till the evening of 9th Dec, 1989. Thereafter, when they found the aforementioned accommodation unsuitable, she was shifted by accused Ali Mohd Mir and Mohd Zaman Mir to the house of accused Mohd Yaqoob Pandith in the Industrial Estate Sopore in the Maruti car bearing Registration No. JKE-3593 owned by Nazir Ahmed Shah of Chhanpora. Thereafter, in the evening of 9th of Dec. 1989,accused Iqbal Ahmed Gandroo and Ms Halima also reached Sopore in order to keep guard over Dr Rubia Syeed. She was kept in the said house till her release i.e till 13.12.1989, in exchange of five known militants of JKLF namely- Hamid Sheikh, Altaf Ahmed Bhat, Noor Mohd Kalwal, Javed Ahmed Zarger & Sher Khan, who at that time were in custody in different jails of Jammu and Kashmir. During her confinement in the house of accused Mohd Yaqoob Pandit, the accused persons namely Mohd. Rafiq Dar and Iqbal Ahmed Gandroo, who were armed with AK-47 Rifles and the accused Mst. Halima had kept watch on Dr. Rubia Syed till her release on 13th December 1989.
Court after hearing Public Prosecutor CBI Vijay Kumar Dogra whereas Sr. Adv MA Goni and Adv Yogesh Bakshi for the accused persons observed that the during the pendency of this charge sheet before this court, the accused persons 4& 5 reflected in column 2 of the charge sheet namely Javed Ahmed Mir @ Nalka and Nanaji @ Salim @ Rafi Pahloo were apprehended and put them to trial before this court. Rest of the accused persons reflected in column 2 of the charge sheet namely Mst. Halima, Javed Iqbal Mir, Mohd. Yaqub Pandit, Riyaz Ahmed Bhat, Khursheed Ahmed Dar, Basharat Rehman Noori @ Amjad, Tariq Ashraf, Shafat Ahmed Shangloo, Manzoor Ahmed @ Mona @ Manzoor Islam, Gulam Mohd.Taploo, Abdul Majeed Bhat, Nissar Ahmed Bhat were remained absconded and ultimately proceeded under section 512 Cr.P.C vide court order dated 17-09-1991. During the pendency of the present charge sheet, two of the accused persons namely Mohd. Rafiq Dar @ Kukka @ Gulam Hassan and Mushtaq Ahmed Lone were died and as such the proceeding against the aforesaid accused persons were abated. Now the accused persons who are at present facing trial in the present case are 1. Yasin Malik 2. Ali Mohd. Mir 3. Mohd. Zaman Mir 4. Iqbal Ahmed Gandroo 5. Javed Ahmed Mir 6.Rafiq Pahloo @ Nanaji@ Saleem 7. Manzoor Ahmed Sofi 8. Wajahat Bashir 9.Mehraj-u-Din Sheikh & 10. Shoukat Ahmed Bakshi .
During the investigation, the accused persons 1 to 10 mentioned in the Column No.1 of the Charge sheet were apprehended by the Investigating Agency and out of these accused persons, the accused Ali Mohammad Mir had voluntarily made the confessional statement under section 164 Cr.P.C before the Magistrate, whereby, he had admitted his role in the commission of aforesaid offence, as well as disclosed the role played by the other accused persons. Besides this, the accused Mohammad Zaman Mir had in the same manner, made confessional statement under section 164 Cr.P.C before the concerned Magistrate and had disclosed his own role and the roles of other accused persons in the commission of the offence. The accused Iqbal Ahmed Gandroo had also made confessional statement u/s 164 Cr.P.C before the Magistrate, wherein, he has admitted his guilt and role played by him in the whole occurrence. Besides it, the accused persons namely Rafiq Pahaloo @ Nana Ji @ Saleem, Wazahat Bashir, Manzoor Ahmed Sofi and Showkat Ahmed Bakshi had made their confessional statements before Prakash Mishra SP CBI, which is found to be admissible in evidence under section 15 0f TADA Act. The confession made under section 15 of TADA Act is an exception to the general provision of Section 25 of Evidence Act, which made such like confessional statement before any police officer as inadmissible in evidence. In their respective confessional statements, the aforesaid accused persons besides their own participation in the commission of offence have also explained the participation of other accused persons. Since the aforesaid confessional statements are found to be inculpatory statements of the aforesaid accused persons, as such, all of those confessional statements are found to be admissible in evidence against the makers thereof, as well as, other accused persons. Since the aforesaid accused persons besides admitting of their own guilt have also narrated about the participation of other accused persons namely Yaseen Malik, Javed Ahmed Malik, Mehraj-U-Din Sheikh, which can also be used against them as one of the piece of evidence.
Besides this, the investigating Agency has also conducted Test Identification Parade of the accused persons Ali Mohd Mir, Mohd Rafiq Dar& Mohd Iqbal Gandroo ,as per the provision of section 9 of Evidence Act and during that proceedings the Abductee Dr Rubia Sayeed had identified them and disclosed about the individual participations of each of the said accused persons in the commission of offences.
Court further observed that from the confessional statements of the aforesaid accused persons recorded, either under section 164 Cr.P.C, or under section 15 of TADA Act, supported with the statements of the Abductee Dr. Rubia Sayeed and other prosecution witnesses, it has been prima facie proved that the aforesaid accused persons have hatched a criminal conspiracy to kidnap the Abductee with sole objective to get their persons released from the custody after having negotiation with the Govt. of J&K, as well as Govt. of India and the accused persons had also succeeded in their nefarious designs and got their persons released from the custody.
Court after hearing both the sides in length observed that I am of the considered view that sufficient grounds are existing for drawing prima facie presumption that the accused persons namely Yasin Malik , Ali Mohd. Mir , Iqbal Ahmed Gandroo, Manzoor Ahmed Sofi ,Mehraj-u-Din Sheikh & Rafiq Ahmed Pahloo @ Nanaji @ Salim have committed offences under sections 364/368 /120-B RPC, 3/4 TADA Act & 27 IA Act, whereas, the accused persons namely - Mohd. Zaman Mir, Javed Ahmed Mir @ Nalka, Wajahat Bashir, Shoukat Ahmed Bakshi have committed offences under Sections 120-B read with Sections 368 RPC and Section 3/4 of TADA Act. Hence, charges are required to be framed against each of the aforesaid accused persons, separately, for the afore delineated offences.

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