The Shopian rape and murder case is the alleged abduction, rape and murder of two young women by Indian troops 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.
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Victims
Neelofar Jan, age 22, wife of Shakeel Ahmed Ahangar and mother of two-year-old son Suzzane. Aasiya Jan, age 17, daughter of Abdul Gani Ahangar. She had secured distinction in her matriculation exams in previous year and was a pre-medical student of New Greenland Higher Senior Secondary School in Alialpora, Shopian. Neelofar was Aasiya’s sister-in-law and both were residents of Bongam in Shopian.
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.
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 (retired) 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.