In a recent decision, the J&K and Ladakh High Court upheld the revision plea on the 2003 Nadimarg Massacre.
The High Court has allowed a fresh trial of the case, overturning the trial court’s order from February 9, 2011 that the case be closed.
The case was closed on February 9, 2011, since witnesses to the massacre had relocated to different places owing to fear for their lives, making the trial proceedings difficult. The remaining villages, following the carnage, moved to Jammu’s Purkhoo Camp, Muthi Camp, and Mishriwala Camp.
Photo (Greater Kashmir)
The court did, however, record the dispositions of 13 witnesses, when many others declined to record owing to fears and threats to their lives.
The prosecution sought witnesses’ examination through the Commission , but the accused’s defense counsel rejected the request and the trial court then closed the case on the pretext that the application was filed late in order to linger on the proceedings of the case and the examination of witnesses cannot be done through commission as their records are important.
Reopening of the ‘Nadimarg Massacre Case’
In its recent decision, the Jammu and Kashmir and Ladakh high court stated that the trial court did not appreciate the fact that the prosecution went to a great length and breadth to examine the witnesses.
While allowing a fresh trial, the high court allowed for witness examination through the Commission and also recordings through video conferencing.
The Supreme Court too on multiple occasions reaffirmed that in recent years scientific and technological advancement has taken a significant turn, and that the present era marks the innovations of enormous technological heights that has moved the collection and recording of evidence in new ways.
The court, on the other hand, believed the technological advancement has considerably affected the criminal justice system.
In the furtherance of the same, the high court relied on the judgement of Manju Devi v. State of Rajasthan and Anr. (2019), where it was held that whenever a petition is made for any matter, the age of the case cannot be made a decisive factor. Also, the presentation of evidence through video-conferencing and examination of witnesses through Commission can be a valuable means to render justice to the victims.
The provisions under CrPC also provide for the effective delivery of justice to the victims in case of delay and inconvenience.
Section 503 of CrPC says, when there is any inquiry related to a case, where the high court, sessions court or Magistrate are of the view that the examination of a witness is necessary for the deliverance of justice and his attendance cannot be made unless such delay or inconvenience then such court may issue a commission for the examination of such witness.
All these instances led to the fresh trial of the case in the high court.
What actually happened at Nadimarg in 2003 ?
Photo (Kashmirlife)
On March 23rd, 2003, Jammu & Kashmir witnessed the heart-wrenching massacre of 24 Kashmiri Pandits in Nadimarg which was the part of Shopian sub-district located in south Kashmir’s Pulwama district. The village became a part of the Shopian district when it was carved as a separate district.
According to reports, militants dressed in military camouflage surrounded the village at around 11 p.m. and open fired at 24 residents with a close-range weapon, sparing neither women nor children. The 24 deceased were 11 men, 11 women, and 2 children.
Out of the 52 villagers who were residing in the village, 24 were shot dead while the remaining 28 emigrated to Jammu or other places.
It was confirmed by authorities that the militants were members of Hizbul Mujahideen and Lashkar-e-Taiba, leaving Muslims astounded through out the country.
The main accused was identified as Zia Mustafa, a Pakistani, who, together with three other co-accused, carried out the massacre and was later arrested.
It is worth noting that on October 24th, 2021, in Poonch district, security forces encountered Mustafa, who had been incarcerated in Jammu’s Kot Bhalwal Jail while he was taken out to help locate the hiding terrorists in the Mendhar area. While Mustafa was killed, two police officers and a soldier were wounded in the exchange of gunfire.
It was speculated that Mustafa’s death would permanently close the case. However, Saturday’s court order has again reignited the hopes of justice to the victims’ families.
