Disappearances - Army refuses to produce accused colonel in court

HC directs army to produce Colonel in 2 weeks

GK sept 5
Custodial disappearance

MUHAMMAD YOUSUF


Srinagar, Sept 4: The High Court on Thursday directed the army to ensure presence of colonel Kishore Malhotra involved in alleged disappearance of chemist before the investigating team in Srinagar within two weeks.
The Court rejected the application of the Army, which stated that the Colonel Malhotra couldn’t come to Kashmir from his present posting in Drass sector of Kargil.
The single bench of the High Court passed directions in a case of enforced disappearance of chemist Manzoor Ahmad Dar son Haji Ali Muhammad. Army on the evening of January 19, 2002 picked up Manzoor during a raid and subsequently subjected him to enforced disappearance.
The CJM Budgam who conducted inquiry into the case held Colonel Kishore Malhotra responsible for subjecting Manzoor to disappearance.
The Colonel was then Major with 35RR and he was regularly assuring the family members of Manzoor that he would be released. Later he denied his arrest.
Meanwhile, the family members filed petition in the Court seeking whereabouts of Manzoor. Pleading the case of petitioner’s family, Mian Abdul Qayoom said colonel Kishore Malhotra has failed to present himself before the investigating team of police and for last so many years army was resorting delay delaying tactics.
In response, the assistant solicitor general Anil Bhan said that the concerned colonel Kishore Malhotra has to remain present in the Drass sector of Kargil and he couldn’t be moved from there. He said due to infiltration attempts in the State, the officer couldn’t be come to Srinagar. He said the army colonel was not using delaying tactics to avoid the investigation by police.
However, the senior additional advocate general Muhammad Amin Rathore opposed the argument of the army counsel and said the Court has constituted a team under the SSP Srinagar to investigate the case.
He said the colonel should be brought to Srinagar to face investigation. The Court after hearing arguments of lawyers and the Army counsel rejected the Army application.
The Court directed the army to present Colonel Kishore Malhotra before the SSP Srinagar in two weeks. The Colonel Kishore Malhotra is also wanted in enforced disappearance case of Manzoor Ahmad of Qamarwari. The crime branch of the State police is investigating the case.