The Shopian rape and murder case, also known as Asiya, Neelofar case, is the abduction, rape and murder case of two young women allegedly by the CRPF. In mysterious circumstances between 29 and 30 May 2009 at Bongam, Shopian district in the Indian Occupied Jammu and Kashmir. Two women, who were sisters-in-law went missing from their orchard on the way home on 29 May 2009. The next morning, their bodies were found both one kilometer apart. Local police rejected the allegations saying that the women appeared to have drowned in a stream. On June 22 of 2023, the Jammu and Kashmir administration terminated two doctors, Dr. Bilal Ahmad Dalal and Dr. Nighat Shaheen Chilloo, for allegedly "actively working" with Pakistan-based groups and falsifying evidence in the case. According to officials, the Central Bureau of Investigation (CBI) found that the deaths of Asiya Jan and Neelofar on May 29, 2009, were due to accidental drowning, not rape or murder. The doctors allegedly manipulated the post-mortem report to frame security forces, aiming to incite disaffection against the Indian state. The CBI has charge-sheeted them for fabricating evidence, accusing them of conspiring with Pakistan-linked assets in Kashmir to distort the truth of the incident.

Victims

Neelofar Jan, aged 22 and Aasiya Jan, aged 17, were sisters-in-law and resided in Bongam, Shopian. Neelofar Jan was married to Shakeel Ahmed Ahangar and the couple had a two-year-old son. Aasiya Jan was the daughter of Abdul Gani Ahangar. She had secured a distinction in her matriculation exams in the year preceding her death.

Initial stages of investigations

Local villagers stated that the two women were raped and the murdered by members of security forces. A protest called by Syed Ali Shah Geelani of the Hurriyat called for a shutdown of business, but later turned violent, as a consequence of which the administration declared a curfew. A press release by the police on 30 May stated "Post-mortem conducted revealed no marks on the dead bodies including private parts." No FIR was registered for either rape or murder and the government of Jammu and Kashmir ordered for a judicial probe by Justice Muzaffar Jan into the incident because of people's lack of faith in police investigations. Concerns arose after the doctor who conducted the post-mortem admitted to the Central Bureau of Investigation that the vaginal swabs that she had submitted to them for testing were fabricated from discarded lab items, and that she had not taken any swabs from the victims. Later, testing by the Central Forensic Laboratory proved that the samples submitted after post-mortem did not match the victims. On 7 June 2009, Jammu and Kashmir police filed FIR of rape and murder following widespread protest across the state.

Case history

While on 31 May 2009, the Chief Minister of Jammu and Kashmir, Omar Abdullah, appointed Muzaffar Jan to carry out the probe and complete the inquiry in one month's time. The Superintendent of Police, Dr Haseeb Mughal, and The Chief Prosecuting Officer, Abdul Majid Dar, were to assist in the probe, headed by Justice (retired) Muzaffar Jan. The report would be subsequently tabled in the state assembly to make it public. The notification issued in this regard by the Home Department said that the Commission shall: The government has further directed that the provisions of sub-section 2, 3, 4, 5 and 6 of Section 5 of Commission of Inquiry Act shall be applicable to the Commission.

Outcome of Justice Jan commission

The final report filed by Justice Jan Commission is summarised in seven parts.

Timeline of probe and police findings and fact-finding committee

Rejection of probe

The High Court Bar Association, on 1 June 2009, rejected the probe ordered by the government demanding a sitting Judge of High Court or Chief Justice to carry out the probe instead of a retired Justice, Muzaffar Jan, while separatist leader Syed Ali Shah Geelani demanded Amnesty International to probe the incident and also urged the High Court Bar Association to probe the matter at their own level so that the people could know the truth. However, the Advocate General of Jammu and Kashmir, Muhammad Ishaq Qadri commented that the Commission of Inquiry headed by a sitting or a retired judge does not make any difference regarding the legality of its findings, which are recommendatory in nature in both the cases. Unionist leader of the opposition in the assembly and the PDP president, Mahbooba Mufti, also rejected the government's inquiry commission into the case, and called upon the prime minister, Dr. Manmohan Singh, to review the performance of the state's ruling coalition personally as according to her, it had failed to extent of not registering an FIR of rape and murder in the case.

Protests, arrests and curfew

As soon as the news about the incident spread in the Kashmir valley, spontaneous protests started. These protests were followed by the strike call by the secessionist leaders. Demands for justice, self-determination and removal of the Indian forces started. As soon as the protests started, police and Indian armed forces in order to halt the protests batten charged the protesters and fired repeated tear gas canisters. Many separatist leaders were put under house arrest or jailed. The CBI probe resulted in exhuming the bodies for examination and it was found that Asiya's hymen was intact, thereby ruling out rape.

Curfew