In a significant judgment addressing a nearly three-decade-old disappearance, a Special Mobile Magistrate court in Srinagar has declared Abdul Rashid Wani, missing since July 1997, as legally dead and directed authorities to issue his death certificate to his family.
The court of Special Mobile Magistrate (PT&E), presided over by Sub-Judge Massarat Jabeen, passed the order on April 4 while deciding a civil suit filed by Wani’s wife, Farida Shabnum, along with their two sons- all residents of Madina Colony, Bemina.
The family had sought a declaration of death and a mandatory direction to the authorities to issue a death certificate, citing his prolonged disappearance and lack of any trace since 1997.
The respondents in the case were the union Territory of Jammu and Kashmir through its Chief Secretary and the Registrar Births and Deaths, Srinagar Municipal Corporation (SMC).
According to the case record, Abdul Rashid Wani was taken into custody by Army personnel on July 7, 1997, from Rawalpora in Srinagar along with another local, Farooq Ahmad Bhat. While Bhat was later released, Wani never returned, and his whereabouts remained unknown despite repeated efforts by the family and legal interventions.
The family had earlier approached the High Court, which directed registration of a criminal case.
Subsequently, an inquiry conducted by the Sessions Judge Srinagar led to the registration of an FIR at Police Station Parimpora. However, despite investigation, the case did not result in tracing Wani.
During the trial, the plaintiffs produced multiple witnesses, including family members and a neighbor, all of whom consistently testified that Wani had not been heard from since the day of his alleged detention.
Their testimonies went largely unchallenged as the defendants chose not to produce any evidence in rebuttal.
The court also reproduced the findings from the earlier inquiry and FIR investigation, stating: ” It further reveals that actually, the accused (a Major) had murdered Abdul Rashid Wani in his custody and had disposed of his corpse.”
The court, while examining the evidence, relied on the legal presumption under Section 108 of the Evidence Act, which allows a person to be presumed dead if they have not been heard from for seven years by those who would naturally have heard from them. In this case, the absence extended over 28 years, far exceeding the statutory requirement.
“..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 Riffles 8/20 on 07/07/1997 & thereafter disappeared. 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 squarely applies,” the court observed.
“In light of the above findings, the suit is decreed in favour of the plaintiffs,” the order read.
“… a decree of declaration declaring Abdul Rashid Wani…as dead…A decree in the nature of mandatory injunction direction the defendants particularly the defendant no.2 (Registrar Births and Deaths, SMC) to issue Death Certificate of Wani,” the court order read.
