STRUCTURES OF VIOLENCE

248 | Structures of Violence
On 12 December 2007 the investigating ofcer
informed the court that Colonel Kishore Malhotra had
not appeared before him. The High Court, while
terming it a “gross violation of the directions of the
Court” ordered that the General Ofcer Commanding,
15 Corps, Badami Bagh Cantonment, Srinagar be
directed to ask Colonel Kishore Malhotra to appear
before the investigating ofcer within two weeks.
On 19 February 2008, based on the submissions of
the Union of India, the High Court ordered that a
communication be sent through the General Ofcer
Commanding [GOC], Northern Command to Colonel
Kishore Malhotra.
On 7 April 2008, the Union of India stated that there
was no information from the GOC, Northern
Command. The High Court ordered a dasti [by hand]
notice on Colonel Kishore Malhotra.
On 13 May 2008 the High Court was informed that a
Sub-Inspector travelled to Drass, which was the
available address of Colonel Kishore Malhotra, but
the ofcer in charge refused to disclose the actual
location of Colonel Kishore Malhotra. The High Court
directed that the GOC, Northern Command,
Udhampur, inform the High Court within two weeks
the present posting of Colonel Kishore Malhotra.
On 5 June 2008, the High Court was informed by
Union of India that Colonel Kishore Malhotra would be
available at Brigade Headquarters, Drass on 16 June
2008 to meet the investigating ofcer. Further, the
High Court was informed that a Special Investigation
Team had been appointed in the matter.
On 10 July 2008, the High Court was informed that
Colonel Kishore Malhotra did not appear before the
investigating ofcer. The High Court ordered that
Colonel Kishore Malhotra appear before the Senior
Superintendent of Police [SSP], Srinagar, the Chief
Investigating Ofcer, within three weeks. On 2
September 2008, this order was challenged [Interim
Application no.1308/2008] but dismissed by the High
Court and the 10 July 2008 order was maintained. The
Union of India appealed against this order, and the 10
July 2008 order, before the Supreme Court, but the
SLP was dismissed on 24 August 2009.
On 1 December 2009 the High Court was informed
that Colonel Kishore Malhotra had appeared before
the SSP, Srinagar. The High Court ordered that an
afdavit be led showing compliance.
On 16 April 2010, the High Court, after receiving the
Compliance report, ordered that on the next date of
hearing the status of the case be provided.
On 28 May 2010, the High Court observed that while
Colonel Kishore Malhotra met the investigating
ofcer, he was given a questionnaire to which he
responded. Therefore there was no verbal
interrogation. In response, Colonel Kishore Malhotra
stated that at the relevant time he was posted at Old
Airport, Srinagar. Rawalpora, from where the victim
was abducted, was an area under his responsibility.
Other armed forces, such as the Border Security
Force [BSF], Central Reserve Police Force [CRPF]
and Special Operations Group [SOG] of Jammu and
Kashmir Police were also operating in the area.
Colonel Kishore Malhotra denied that he had ever
raided the house of the victim. He denied that he had
abducted the victim. Colonel Kishore Malhotra stated
that as a responsible Commander he had met the
family of the victim and tried to assist them. He denied
that he had ever told them not to approach the media.
The High Court expressed dissatisfaction with the
investigation and ordered that the Inspector General
of Police [IGP], Kashmir Range, monitor the
investigations and that the investigations be
completed within two months.
On 28 December 2010, ve weeks time was sought
for completion of the investigations by the Special
Investigation Team. This was granted.
On 22 March 2011, the investigating ofcer sought
more time to procure the presence of Colonel Kishore
Malhotra, reportedly posted at Chandni-Mandir,
Kolkota. Time of three weeks was given.
On 19 April 2011, the High Court ordered the
investigating ofcer to le an afdavit with the present
posting of Colonel Kishore Malhotra, so that the High
Court could issue directions for procuring his
presence before the investigating ofcer.
On 3 May 2011, the High Court, on receiving
information on the present posting of Colonel Kishore
Malhotra, gave the investigating ofcer two weeks
time to ensure the presence of Colonel Kishore
Malhotra.
On 9 August 2011, on being requested, an extension
of three months time for completion of investigations
was granted.
On 8 December 2011, time was sought for ling a
compliance report.
On 21 February 2012, the High Court ordered the
personal appearance of the investigating ofcer to
explain his inability in completing investigations.
On 23 February 2012, the investigating ofcer
appeared before the court and stated that the inability
to conclude investigations was due to being unable to
procure the presence of Colonel Kishore Malhotra.
The High Court stated that the investigating ofcer
instead of using the powers under the Code of
Criminal Procedure, was addressing request letters to
Colonel Kishore Malhotra and others. The
investigating ofcer undertook to secure the presence
of Colonel Kishore Malhotra within ten days, and
present a chargesheet ve days after that.