Jaleel Andrabi Murder case: Court directs MEA to expedite extradition of Major Avtar

Jaleel Andrabi Murder case: Court directs MEA to expedite extradition of Major Avtar

SYED BASHARAT

SRINAGAR, May 30: Taking an exception to inordinate delay in delivering justice in Jaleel Andrabi murder case, a City Court today directed the authorities including Ministry of External Affairs (MEA) to make every endeavour to extradite the accused Major Avtar Singh reportedly residing in United States of America.
In his order today, the Chief Judicial Magistrate (CJM) Srinagar Yashpal Bourney has asked the Inspector General of Crime (IGP) to pursue the extradition process of accused army Major Avtar Singh ‘vigorously’ and filed a complete report in this regard before the court.
“Since a lot of time has already got wasted without any fruitful results, therefore, it is impressed upon the authorities concerned to expedite the matter and make every endeavour to extradite the accused at the earliest, so that majesty of rule of law is not dented. This order should be forwarded to foreign secretary government of India Ministry of external affairs New Delhi…,” reads the court order.
Earlier as per the CJM’s order of May 12, the IGP Crime Kashmir through Chief Prosecuting Officer Srinagar filed the status report before the court. Reliable sources in the court said that in his status report, the IGP Crime has said that an extradition request letter supported by relevant documents has already been submitted before Foreign secretary Ministry of External Affairs New Delhi vide number Pros-07/2011 dated April 4, 2011 but the response is awaited.
Pertinently, the IGP Crime acts as nodal officer between Interpol and the state government. “Since the extradition process of Major Avtar Singh has to be carried as per Memorandum of Understanding between India and Unites States of America, the relevant documents in this regard have been received from the IGP Kashmir,” the status report reads further.
Earlier, as the matter came up for hearing today, Mir Hafizullah, counsel for Andrabi’s family submitted that the incident that took life of Jaleel took place in March 1996 and instant charge sheet is pending before the court from December 2000, however, till date nothing has come out and the matter remains as it is.
Hafizullah also prayed that the accused has succeeded in subverting the process of law to the most part of it. “As such the victim family has been rendered helpless and has almost been denied justice,” he submitted.
It may be recalled here that on March 9, the prosecution had stated before the same court that the formalities required for the extradition of accused Army Major have been completed.
The Chief Prosecuting Officer (CPO) had submitted that though formalities required as per US-India extradition treaty were complete and all necessary documents already furnished to the concerned authorities, still the process would take time to reach its logical end.
However, the family’s lawyer had sought a timeframe for the extradition of accused Major. “The process of causing the appearance of the accused in this case is on for the last 10 years but there has been no breakthrough. This time, the prosecution should make it clear that how much time it will take to bring the accused Major here to face the trial,” Hafizullah had argued.
Andrabi’s lawyer had also submitted that the court should use its powers to expedite the extradition of Major Singh. “It is unfortunate that even the High Court orders which have been passed in 1997 in the same case have not been implemented by the union of India so far. The court should pass some directions in this regard,” Hafizullah had prayed before the court.
Notably, the Ministry of Home Affairs government of India and officials in US Embassy in Delhi had asked state government to forward a formal request supported by attested documents before the relevant clauses of US-India extradition treaty are invoked against accused Major Singh.
However, home ministry officials have assured the officials deputed by the state government of their full cooperation for forwarding the extradition case of accused Major, provided the documents asked for, meet out the codal formalities of the US-India extradition treaty, sources added.
Major Singh, who was arrested in a domestic violence case by California police was freed immediately in last week of February this year. He is wanted in a Srinagar court to face trial for his involvement in the murder case of Jalil Andrabi, a prominent lawyer and human rights activist of Kashmir, who was abducted and later killed in 1996.
On February 20, 2011, Major Singh was arrested and then freed from the Fresno County jail, after he got bail in a domestic violence case registered against him by his wife.
A California based broadcasting company ABC has quoted Major Singh, saying that he has been made a scapegoat in Andrabi’s murder case, as according to him his battalion was nowhere posted near the place where Andrabi was kidnapped.
After his arrest, the Selma-California police discovered that Singh was wanted on an Interpol hold, but according to news agency, when the local police unit contacted Interpol and the U.S. State Department, it was told that to hold Singh was not necessary. So, he got bailed out of jail in just a few hours, despite serious charges in his homeland, the news agency has said.
On his arrest for throwing a toy at his wife, Singh’s fingerprints revealed his identity and an Interpol hold for Andrabi's murder, Selma police chief has been quoted saying. Pertinently, Singh, who hails from Yamuna Nagar, Haryana is now a Selma-California resident with his own trucking business.
“But because of the allegations, he's afraid he's a wanted man -- not by the Indian government, but by al Qaeda,” the news agency has said. It quoted Major Singh as saying, “If I'm exposed on this, the Islamic militants, they're already looking for me.”
Singh has said that he is not a killer but has been made a scapegoat and now he lives under tremendous stress since he fled India. But interestingly, besides Jalil’s murder case there are four murders and criminal conspiracy cases against Major Singh in only South Zone of Srinagar city. The four other cases are under FIR number 01/97 police station Rajbagh, FIR number 05/97 police station Rajbagh, FIR number 29/97 police station Sadder and FIR number 115/96 registered by police station Shergari.
The Court of Chief Judicial Magistrate Srinagar has, a number of times in the past, issued open dated arrest warrants against Major Singh, and the prosecution has also forwarded photographs of the accused Major to the United States National Central Bureau (USCB) as was demanded by it November 25, 2009.
Interestingly, the USCB in 2009 had demanded photograph of the accused major and other case details to the Interpol in order to facilitate his extradition to India. Major Singh’s valid location in California was also confirmed by the US law enforcement authorities in 2009.
Among other details which include the translated conviction records, the US law enforcement agency had asked for the fingerprints of the accused Major. “The fingerprints were not available but other relevant details were sent to Interpol. A particular format was sent to us which we had submitted after filing the required case details,” a prosecuting officer had told Kashmir Times in 2009.
In its letter forwarded to Interpol office in New Delhi dated November 25, 2009 the USNCB of Interpol while confirming the presence of Major Avtar Singh in California had asked the Interpol New Delhi to furnish the translated records of proceedings and certified version of conviction record, charge-sheet, and other relevant documents.
For the provisional arrest and extradition of Major Singh, the Interpol Washington had also asked for a formal request to be forwarded to the office of USNCB department of international affairs through proper diplomatic channels.
The USNCB letter which was faxed to Court of CJM Srinagar read: “To consider the deportation/extradition proceedings you must be aware to submit the translated conviction records and charging documents. Also please forward finger prints in a proper format presentable to make a positive identification.”
The letter read further that even if extradition, deportation proceedings are initiated Major Singh will be entitled by law, to a hearing and the opportunity to post a bond.
Disappeared on March 8, 1996, Jaleel’s body was found after 19 days. In April, 1997, the Special Investigation Team presented its initial findings to the High Court. The SIT claimed that Major Avtar Singh from the 103rd Unit of the Territorial Army and other soldiers were responsible for the abduction and killing of Jalil. The SIT was unable to arrest Major Singh as they could not find him.

[Kashmir Times]