Kidnapping of Rubaiya; killing of Air Force personnel
STATE TIMES NEWSJAMMU: Presiding Officer TADA Court on Tuesday issued notices to Mohammad Yaseen Malik JKLF Chief, Ali Mohammad Mir, Mohd Zaman Mir, Iqbal Ahmed Gandroo, Javed Ahmed Mir, Manzoor Ahmed Sofi, Wajahat Bashir Quresi, Mehraj-ud-Din Sheikh, Showkat Ahmed Bakshi and Nanaji in the much publicised case of Dr. Rubaiya Sayeed and killing of Air Force personnel. When the matter was taken-up today, Public Prosecutor CBI submitted a copy of order passed by the High Court whereby High Court dismissed the petition and vacated the stay. Court after going through the copy of order, issued notices to the alleged accused for their presence on June 8, 2019. According to case, FIR number 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 vide No 339 dated December 8, 1989 under Sections 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 that Dr. Rubaiya Sayeed, daughter of Mufti Mohammad Sayeed, resident of Nowgam District Budgam while going in a Tata Mini Bus bearing registration No. JKF 697 from Lala-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. Rubaiya Sayeed and on September 18, 1990 the charge sheet in this case was filed by CBI under Section 120-B read with Sections 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 was filed for transfer of the aforesaid criminal case to the designated Court of TADA at Srinagar. Objections to the aforesaid application were filed by the CBI and after hearing both the parties the application was rejected vide order dated April 20, 2009. Against the aforesaid 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.
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 has lodged an FIR of case No. 22 dated January 25, 1990 under Sections 302 and 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.
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