A court in Srinagar, Jammu and Kashmir, has declared a man dead nearly 28 years after he went missing following his alleged detention by the Army. The court directed authorities to issue a death certificate to the family of Abdul Rashid Wani, who had been missing since 1997.
Court Applies Legal Presumption of Death
Sub Judge Massarat Jabeen ruled that Wani had not been heard from for decades despite investigations.“His whereabouts remain unknown despite judicial inquiry and police investigation. He has not been heard of for more than seven years by those who would have naturally heard of him. Thus, the legal presumption of death applies,” the court observed.
The order came after a petition filed by Wani’s wife and children seeking official recognition of his death.
Disappearance After Army Custody
According to the court, evidence shows that Abdul Rashid Wani, a resident of Bemina in Srinagar, was taken into custody by the Army’s 2/8 Gorkha Rifles on July 7, 1997.
He was allegedly picked up from Rawalpora along with another man, who was later released. However, Wani never returned, and his whereabouts remained unknown.
Inquiry Points to Custodial Killing
The court referred to an earlier inquiry ordered by the High Court, which found that Wani was taken into custody and later killed.
The report stated that an Army officer was involved in his death and that the body was disposed of. A police investigation also concluded that Wani could not be traced and had likely been killed in custody.
“The findings and witness statements clearly indicate that despite investigation, the missing person could not be traced,” the court noted.
Family’s Long Legal Struggle
Wani’s family had been pursuing the case for years, seeking legal recognition of his death. With the court’s order, they will now be able to obtain an official death certificate from the Srinagar Municipal Corporation.
