AMN / WEB DESK
Srinagar
The Jammu and Kashmir administration on Thursday June 22 terminated services of two doctors for allegedly “actively working” with Pakistan-based groups and fabricating evidence in the 2009 “Shopian rape-murder” case.
Two women, Asiya Jan and Neelofar, were found dead in a stream in Shopian on May 29, 2009, leading to allegations that they were raped and murdered by security personnel. However, after the Central Bureau of Investigation (CBI) took over the probe, it revealed that neither of the women were ever raped or murdered, but died due to accidental drowning, as per the govt sources.
The two have been charge-sheeted by the CBI for fabricating evidence and twisting the accidental deaths due to drowning as rape and murder. The two doctors, Dr Bilal Ahmad Dalal and Dr Nighat Shaheen Chilloo, were terminated from service for “actively working” with Pakistan and hatching a conspiracy with its assets within Kashmir to falsify the post-mortem report of Asiya Jan and Neelofar of Shopian, who had unfortunately died due to accidental drowning on May 29, 2009, as per the official statement.
The ultimate aim of the two doctors was to create disaffection against the Indian state by falsely accusing the security forces of rape and murder, they said.Dalal was the first doctor to conduct an autopsy of the bodies, whereas Chilloo was a part of the second team of doctors that conducted post-mortem examination, the officials said.Sources said Dr Nighat Shaheen Chilloo, who is working as a consultant gynaecologist at Sub-District Hospital in Budgam, and Dr Bilal Ahmad Dalal, working as a medical officer at NTPHC in Shopian, were found to be key players in hatching the conspiracy. According to sources, the investigation reveal that the top authority of then government knew about the facts, which they “conveniently buried”. “The government has invoked 311 (2) (c) of the Constitution of India to sack the two doctors after investigation clearly established that Dr. Bilal and Dr Nighat acted on behalf of Pakistan ISI and the terror outfits”, the sources said. Shopian unrest & it’s on impact people: After the Shopian incident, the Kashmir valley saw massive protests from June to December 2009, with 42 strike calls floated by groups such as Hurriyat. Around 600 minor and major law and order incidents were reported from all the districts, the impact of which lasted till the next year. A total of 251 FIRs were registered in different police stations for rioting, stone pelting and arson. Nearly seven civilians lost their lives and 103 were injured during the protests. Moreover, 29 police personnel and six paramilitary personnel suffered injuries. According to the estimate, Rs 6,000 crore worth of business was lost in seven months.The reports also said, “Dr Nighat Shaheen Chiloo, a Consultant gynaecologist currently stationed at Sub-District Hospital, Government Health Department, Chadoora, Budgam, and Dr Bilal Ahmad Dalal, a Medical Officer posted at NTPHC, Govt. Health Department, Takiya Imam, Shopian, were identified as key players in the conspiracy against the Indian state on behalf of Pakistan and terrorist outfits. Dr Nighat, Dr Bilal, and others were central figures in this subversion and obstruction of justice. Their actions in the Shopian case, allegedly on the behalf of Pakistan and terrorist groups, aimed to instigate unrest in the Kashmir Valley, according to sources.
THE 2009 SHOPIAN CASE AND THE POST-MORTEM REPORTS: Asiya Jan and Neelofar of Bongam, Shopian, had gone to their apple orchard across the rivulet Rambiara in the afternoon of May 29, 2009. While returning home in the evening hours, they slipped while crossing the rivulet and unfortunately died by drowning. The bodies were found early in the morning next day, a little ahead downstream. The bodies were recovered by the family members. Assisted by the local police, the bodies were taken by the family members to their home. “Since the deceased were young and did not die of known illness, the local police initiated inquest proceedings under section 174 CrPC,” the sources said. However, the tragedy took an alarming turn when certain individuals conspired with the victims’ post-mortem reports. Not one but four different post-mortems each were prepared full of inconsistencies and contradictions by the doctors. Moreover, biological samples belonging to unknown persons (not of the deceased) were fraudulently obtained and included on record. Dr Chilloo and Dr Dalal and others hatched a conspiracy to falsify the post-mortem reports of the victims.
Imprisonment to officials & how counsels were threatened: In August 2009, the Central Bureau of Investigation (CBI) took over the probe and found that the two women were never raped or murdered. The agency in December 2009 filed a charge sheet against 13 persons, including the two doctors for “misleading the investigations and fabricating evidence about rape and murder.”In 2014, the Jammu and Kashmir high court had ruled out reinvestigation of the case on the basis of Justice Jan observations stating that the report of one-man judicial commission alone cannot form the basis for ordering a fresh probe into the case.Four police officers including a district SP were arrested during the initial investigation and put behind the bar. However, the CBI investigation revealed that they were falsely implicated.Unfortunately, justice remained elusive in this case, as the local CBI counsel was reportedly threatened by terrorist organizations and their associates, thereby hindering the pursuit of the truth. How conspiracy was hatched & what CBI Investigation revealed
This distressing incident quickly gained attention in the media, with numerous news outlets publishing different stories that accused the Indian State of orchestrating rape, murder, and chaos in Kashmir through its security forces, subsequently covering it up. After the local setup of terror network in Shopian twisted the drowning incident as rape and murder, the next layer of terror entities based in Srinagar took over the reins of campaign. The High Court Bar Association (HCBA), led by Mian Qayoom of Srinagar, filed a Public Interest Litigation (PIL). The HCBA has always maintained that it does not believe in the Indian Constitution. A PIL filed by Mian Qayoom led group of lawyers calling themselves as HCBA was a part of the mobilisation of resources by the ISI and terror outfits.”According to the sources, the Bar association led by Mian Qayoom, along with his associates, rejected the CBI findings and organized public press conferences and protests, creating a false narrative. Sources suggest that Mian Qayoom and his associates were not interested in the truth or due process of law if it did not align with their version of events.”The CBI’s investigation, conducted under difficult and hostile conditions, uncovered evidence that specific doctors, lawyers, and others had conspired to forge evidence and obstruct justice. The doctors mentioned in the CBI charge-sheet, including Dr Bilal Ahmad Dalal, Dr Nazia, Dr Nighat Shaheen Chiloo, Dr Ghulam Qadir Sofi, and Dr Maqbool Mir, were accused of fabricating false facts in their post-mortem reports to support the theory of rape and murder. However, the findings of AIIMS/CFSL (All India Institute of Medical Sciences/Central Forensic Science Laboratory) concluded that the cause of death was drowning, with no evidence of rape or murder.The charge-sheet also highlighted the role of the doctors in creating misleading pictures and falsifying post-mortem reports. Dr. Nighat Shaheen Chiloo was specifically mentioned for falsely reporting on the presence of pubic hair, injuries, sexual assault, and cause of death in the case of Asiya Jan. Similar false reporting was attributed to the doctors in the case of Neelofer Jan.The sources also revealed that the CBI’s local counsel, who was supposed to represent the CBI in the High Court, repeatedly failed to appear, resulting in an adverse order that had national security implications. The absence of the local counsel went unnoticed and unaddressed for a significant period, and it facilitated the saving of the accused from being tried for their alleged crimes.Furthermore, the departmental probe against the doctors involved in the alleged crime was sabotaged by individuals in power at the time. The investigation suggested a conspiracy to subvert the justice system and falsely implicate security forces and police personnel for rape and murder.
CBI Investigation clears air The CBI charge sheet report on December 30, 2009 revealed that Asiya and Neelofer were not raped and murdered but they died due to drowning. The CBI investigation, which took place under challenging conditions, has uncovered evidence pointing to a conspiracy involving specific doctors, lawyers, and others. These individuals are accused of forging evidence and obstructing justice. The two doctors were part of the conspiracy to forge the evidence. Mian Qayoom’s Bar association asked Pakistan to take up the ‘Shopian rape issue’ with the International Court of Justice (ICJ) at The Hague. Qayoom alleged that the government had failed to deliver justice.“It was premeditated on the part of Pakistan proxy Mian Qayoom and his associates and it is also evident from a series of public press conferences and street protest,” the sources said. He and his associates immediately rejected the CBI findings.However, the framing of the charges by the trial court were delayed by filing of a petition for quashing of charge sheet in the high court through two of the accused advocates (advocate Altaf and advocate Sheikh Mubarakh) and ensuring that the CBI counsel does not appear to defend.The CBI charge-sheet identifies several doctors, including Dr. Bilal Ahmad Dalal, Dr. Nazia, Dr. Nighat Shaheen Chilloo, Dr. Ghulam Qadir Sofi, and Dr. Maqbool Mir, who allegedly fabricated false facts in their post-mortem reports to support the theory of rape and murder. However, the findings of AIIMS/CFSL (All India Institute of Medical Sciences/Central Forensic Science Laboratory) have concluded that the cause of death was drowning, with no evidence of rape or murder.The charge-sheet further highlights the role of the doctors in creating misleading pictures and falsifying post-mortem reports. Specifically, Dr. Nighat Shaheen Chiloo is mentioned for falsely reporting on the presence of pubic hair, injuries, sexual assault, and the cause of death in the case of Asiya Jan. Similar false reporting is attributed to the doctors in the case of Neelofer Jan.
EXCERPTS FROM CBI CHARGESHEET: 1. It has been conclusively proved by the findings of AIIMS/CFSL, New Delhi that the deceased women had died due to drowning, besides, there being no evidence to support any attempt to rape.2. This team created a misleading picture to prove that death by drowning could not have occurred by falsely reporting that they had conducted lung floatation test on the lungs of the two deceased. 3. As regards the pubic hair, injuries of Asiya Jan, Dr Nighat Shaheen Chilloo in her statement on oath to Jan Commission had falsely stated that it had never been shaved and that there was no matting on the pubic hair. However, as per AIIMS team findings, the pubic hair of Asiya Jan were shaved, which is apparent in the videography and photography done during the exhumation and post-mortem examination. 4. The investigation further revealed that Dr Chiloo, Dr Sofi and Dr Maqbool Mir falsely reported injuries of Asiya Jan as one incised wound about the size of 2-3 inches on the scalp which was bleeding and incised wounds on the forehead, one wound on left foot on the dorsum, echymotic patches on anterolateral sides of thighs and both knees and two like cuts on left scapula region, however, the AIIMS team found a lacerated wound on the forehead measuring 6cms, which could have been due to blunt force sustained by striking the head against a hard surface or object due to accidental fall in the process of drowning.5. After the report of FSL, Srinagar confirming the presence of spermatozoa on them was received, the slides were sent to CFSL, Delhi for DNA profiling, where it was revealed that the slides did not belong to Neelofar Jan or Asiya Jan but contained the DNA profiles of two unknown females and two unknown males. 6. The investigation has also pointed out that Dr G.M Paul, the then CMO, Pulwama also conspired with them in the preparation and forwarding of the fudged slides to FSL, Srinagar. 7. Dr Nighat Shaheen Chiloo has made false statements and also tampered with the source of vaginal smears used for making the slides
Source-risingkashmir.com