29 years after his disappearance from Army's custody, J&K court declares Abdul Rashid Wani dead

Srinagar: A local court has declared Srinagar resident Abdul Rashid Wani legally dead nearly 29 years after his alleged disappearance from the custody of the Indian Army. Special mobile magistrate Massarat Jabeen issued a 13-page order on April 4 in connection with a civil suit filed by Wani's wife, Farida Shabnum, their sons Junaid Rashid Wani and Arsalan Rashid Wani, and all residents of Bemina in Srinagar. Advocate Toufiq and associates were representing the plaintiffs.

"This court is of the considered opinion that the plaintiffs are entitled to the relief sought for. All the issues, as such, have been proved by the plaintiffs. The cumulative effect of the evidence establishes that Abdul Rashid Wani was taken into custody by Gorkha Rifles 8/20 on 07/07/1997 and thereafter disappeared," said the order. "His whereabouts remain unknown despite judicial inquiry and police investigation."

The court stated that Wani had not been heard of for more than seven years by those who would have naturally heard of him. "Thus, the legal presumption of death squarely applies," it said in the order.


Further, the court directed the Registrar of Births and Deaths at Srinagar Municipal Corporation to issue Wani's death certificate in favour of the plaintiffs. "No orders as to the costs. Office is directed to prepare the decree sheet accordingly. Disposed of," said the order.

"Wani was taken into custody by personnel of "2/8 Gorkha Rifles on July 7, 1997, at Rawalpora (Srinagar), along with one Farooq Ahmad Bhat in a vehicle bearing registration no. JK01C 1674, Bhat was later released. Wani, however, never returned and his whereabouts remained unknown since the said date," the court said. The court ruled that all the six questions regarding the case raised by it were proven in favour of the plaintiffs.