The status report submitted by the SIT of JKP has maintained that the custodial disappearance has occurred at that night near about 14 years ago. The reports also said that the disappeared person could have died in custody of the 35 RR and hence, Section 302 of the RPC (murder) is invoked against the Army Officer. The report also claimed of already establishing an offence under Section 364 (abduction) is against the same accused.
The report added, “On the direction of the apex court and the High Court of J&K, accused Major Kishore Malhotra, now Brigadier, appeared before the SIT on October 6, 7, 8 and 9, 2015. During custodial questioning, the accused did not admit to the custody of the victim, nor lead to the recovery of the body (of Manzoor). Accordingly, offence under 201 of the RPC is invoked”
However, the accused Brigadier was not arrested during questioning because of the directions of the Supreme Court, states the report, but now the investigation stands closed and charges under Section 364 (abduction), 302 (murder) and 201 (disappearance of evidence) of the RPC invoked against him.
It added that the case file along with the records had been sent to the government for accord of sanction to prosecute the accused Brigadier.