JAMMU: Presiding Officer TADA Court Tuesday issued notice to Mohammad Yaseen Malik JKLF chief and nine other accused in Dr Rubiya Sayeed Case and killing of Air Force personnel. They have been asked to appear before the court on June 8, 2019.
Besides Malik, notices were issued to Ali Mohammad Mir, Mohammed Zaman Mir, Iqbal Ahmed Gandroo, Javed Ahmed Mir, Manzoor Ahmed Sofi, Wajahat Bashir Qureshi, Mehraj-ud-Din Sheikh, Showkat Ahmed Bakshi and Nanaji.
Today when the matter was taken-up, Public Prosecutor CBI present in Court submitted a copy of order passed by the High Court whereby High Court had dismissed the petition of accused and vacated the stay.
Court after having gone through the copy of order, issued notice to the alleged accused for their presence on June 8, 2019.
The fact-sheet of the case revealed that FIR No. RC 07 (S)/ 1990/SIU.V/SC-II) was registered on the basis of complaint of SHO Police Station Saddar, Srinagar who earlier had lodged an FIR of case under 339 dated 08.12.1989 under section 364, 368 of RPC, Section 3(1) Terrorist and Descriptive Activities (Prevention) Act and 25 Indian Arms Act in Police Station Saddar against unknown accused persons.
In the FIR it was mentioned, “Dr (Miss) Rubiya Sayeed daughter of Mufti Mohammed Syed resident of Nowgam district Budgam while going in a Tata Mini Bus bearing registration No JKF 697 from Lal-Ded Hospital Srinagar to her house at Nowgam was kidnapped and taken to some unknown place by some unknown terrorists travelling in the same mini bus who threatened to kill her in case their illegal demands were not met with and also created terror amongst all the passengers by showing gun and pistols to them including Dr Rubiya Sayeed. On September 18,1990 the charge sheet in this case was filed by CBI under section 120-B read with section 364, 368, 109 and 34 of RPC, Section 3(1) TADA and Section 27 of Arms Act in the court of 3rd Additional Session Judge (TADA cases Jammu) against the accused persons i.e. petitioners.”
“During the course of trial a petition dated October 25, 2008 in terms of SRO 168 dated May 1, 1990 read with SRO 70 dated February 5, 1991 for transfer of this criminal case to the designated Court of TADA at Srinagar was filed. Objections to the said application were filed by the CBI and after hearing both the parties. The application was rejected vide order dated April 20, 2009. Against the said order of trial court, the petitioners approached the High Court of Jammu and Kashmir at Srinagar by way of OWP No. 432 of 2009 dated April 30, 2009 and the High Court stayed the proceedings of the trial court,” the CBI fact-sheet mentioned.
“In the killing of five Air Force personnel, an FIR bearing No. RC 01 (S)/ 1990/SIU.V/SC-II) was registered on the basis of complaint of Mohammad Din, Head Constable No. 364/S, Police Post Rawal Pora, Police Station -Saddar Srinagar who lodged an FIR of case No. 22 dated January 25, 1990 under sections 302/307 of RPC, 3(1) Terrorist and Descriptive Activities (Prevention) Act of 1987 and 3/25 Indian Arms Act in Police Station Saddar against the unknown accused persons. In the FIR it was alleged that in the morning of January 25, 1990 at about 7:30 AM when the Air Force employees who were living as tenants in the private house at Rawal Pora had gathered and were waiting on the road at Sanat Nagar crossing for Air Force vehicles to go to their offices, some unknown terrorists fired with automatic weapons indiscriminately upon them with the criminal intention of killing them. As a result of such firing about 40 Air Force employees including a woman were seriously injured while 2 of them died on the spot,” the fact-sheet mentioned.