Back
28 Years of Silence: Srinagar Court Declares Kashmir Man Dead After Army Custody Vanishing
In a poignant victory for a family haunted by loss, the has declared Abdul Rashid Wani legally dead nearly three decades after his alleged abduction by army personnel. Sub-Judge Massarat Jabeen decreed the civil suit filed by his wife, Farida Shabnum, and sons Junaid and Arsalan Rashid Wani against the and the Registrar of Births and Deaths, . The ruling mandates issuance of Wani's death certificate, invoking the after seven years of unexplained absence.
The Night That Shattered a Family
It was , in Rawalpora, Srinagar. Abdul Rashid Wani, a resident of Madina Colony, Bemina, was reportedly picked up by personnel of the in a vehicle (registration JK01C-1674) alongside Farooq Ahmad Bhat. Bhat was later released, but Wani vanished without trace. His wife and young sons—then just 10 and 11 years old—launched a desperate quest for answers.
The family first approached the with a petition under (Petition No. 139/1997). Judicial directions led to an inquiry by the , culminating in FIR No. 180/2002 under at for custodial disappearance. Despite investigations, no closure came—until this suit filed on .
Media reports, including from ETV Bharat and Gulistan News, underscore the era's turmoil in Kashmir, framing this as a stark reminder of enforced disappearances and families enduring "decades of anguish."
Defendants Push Back: No Duty to Declare the Dead
The Union Territory and contested vehemently in their written statement. They accused the plaintiffs of —withholding truths and fabricating facts—warranting dismissal. Key defenses:
- No role in declaring someone dead merely due to unknown whereabouts.
- Lack of thorough police investigation barred any legal sanctity for declaration.
- : Proper respondents (e.g., army or police) absent.
- Barred by (prior notice) and (no cause of action).
Preliminary issues on these points were resolved in plaintiffs' favor on , paving the way for trial.
Witnesses Speak: Echoes of a 1997 Ordeal
Five plaintiffs' witnesses, including family members and neighbors like Mohammad Anwar Mattoo (Farida's brother) and Fayaz Ahmad Sheikh, testified via affidavits. Their consistent accounts detailed the pickup, Bhat's release, High Court petition, Sessions Judge inquiry, FIR registration, and 28+ years of fruitless searches. Cross-examination revealed minor recall gaps (e.g., vehicle color), but core facts held firm.
Defendants led no evidence, closing their case silently. The court noted an inquiry report revealing: Abdul Rashid was in army custody, murdered by Major V.P. Yadav, and his body disposed of—facts uncontroverted.
Weaving Law from Long Silence
Judge Jabeen meticulously addressed framed issues, applying : A arises if a person is unheard of for seven years by those who would naturally hear of him if alive. Here, over 28 years had passed without trace.
The court distinguished this civil declaration from criminal probes, emphasizing unrebutted family testimony, judicial inquiries, and police final reports. No precedents were explicitly cited beyond Section 108, but the ruling hinges on statutory presumption, bolstered by custodial context. Critically, it highlighted the inquiry's murder finding, strengthening the disappearance narrative without retrying the criminal case.
Key Observations from the Judgment
-
On custody and disappearance :
"The said fact finds corroboration from the filing of a
Petition... The inquiry report... reflects that... Abdul Rashid Wani... was taken into custody by the army... [and] actually, the accused (Major V.P Yadav) had murdered Abdul Rashid Wani in his custody and had disposed of his corpse."
-
Presumption triggered :
"Once it is shown that a person has not been heard of for seven years by those who would naturally have heard of him, a
arises."
-
Unchallenged evidence :
"The consistent version of the plaintiffs coupled with the absence of any rebuttal evidence from the defendants leads credence to the claim."
Closure at Last: Decree and Ripple Effects
The suit stands decreed: Abdul Rashid Wani is declared dead, with defendant No. 2 ordered to issue his death certificate. No costs awarded.
This ruling offers legal closure—enabling inheritance, pensions, or remarriage—but spotlights systemic gaps in custodial accountability. As media notes, it
"serves as a reminder of the need for accountability... in enforced disappearances,"
potentially emboldening similar Kashmir families to seek presumptive declarations after prolonged probes yield nothing.
For Wani's kin, 28 years end not with a body, but with a document affirming what their hearts long knew.
