Termination Of 2 Govt Doctors In Kashmir Brings Back Ghosts Of 2009 Shopian Case, Police Dossier Clears Some Mist

On a hot and muggy afternoon in Srinagar on June 22, two termination orders were issued by Lieutenant Governor Manoj Sinha-led administration. 

The terminations were the latest in a series of orders issued by the authorities in J&K post 5 August 2019 against government employees, who are deemed “anti-national” for having a history of their involvement in “secessionist” activities.  

This time two doctors, working with J&K government’s Health and Medical Education Department, were dismissed from their services. 

The termination orders issued by J&K’s General Administration Department read: “And whereas, the Lieutenant Governor is satisfied under sub-clause(c) of the proviso to clause(2) of Article 311 of the Constitution of India that in the interest of the security of the State, it is not expedient to hold an enquiry in the case of…”. It added: “Accordingly, the Lieutenant Governor hereby dismisses…”.

The two doctors—Dr Nighat Shaheen Chiloo, consultant gynecologist in the Sub-District Hospital Chadoora, Budgam, and Dr Bilal Ahmad Dalal, medical officer, NTPHC Takiya Imam Shopian were terminated from their services.

The termination of both the medicos assumes significance considering their association with the 2009 Shopian case. The painful saga of the death of two women—Neelofar, 22 and her sister-in-law Aasiya, 17-- had put Kashmir’s larger story on the centrestage then. The case involved consistent botch-ups by the government, flawed investigations, political opportunism and public distrust.

The record of both the medicos, with the investigating agencies is subversive. They have been under the radar of the investigation agencies over their role in the 2009 Shopian case, where CBI investigation had concluded in the same year that the allegation of “rape and murder” in the case was a “conspiracy”. Both Chiloo and Dalal’s role was unfolded by the agency along with others in “fabrication” of reports, slides “fudged”, witnesses “threatened”, while many were “offered inducements”. 

So, here is why the authorities took action against the two doctors after 14 years. Their dossiers clear some mist.

Dr Nighat Shaheen Chiloo:

The police dossier says that 59-year-old Dr Chiloo, has been found “to be a key player in the adversary’s campaign to shape the narrative in its (Pakistan’s) favour in J&K, even if it meant creating and propagating false and distorted accounts of incidents and events.”

It states Dr Chiloo “has played a primary role in furthering this agenda item of the terrorist-secessionist networks by falsely accusing the security forces of 'rape and murder' following the tragic deaths due to the drowning of two women in Shopian in 2009.”

The police has termed Dr Chiloo as a “deep asset” for Pakistani agencies in J&K for “furthering its (Pakistan's) propaganda”.

It also mentions Dr Chiloo “among others was the lynchpin of this subversion and obstruction of justice”.

It also states that Dr Chiloo “came under influence of terrorist-separatists network” during her initial days of posting during the 90s.

“It is publicly acknowledged fact that SMHS hospital in Srinagar during 1990-1994 had been an operational base of terror outfit Jamiat-ul-Mujhadeen and similarly SKIMS in Srinagar would also be known as ideological bastion of JKLF terror outfit during those times. In the initial years of secessionist-terrorist campaign, she (Dr Chiloo) had served in both of the aforementioned hospitals, thus having got indoctrinated to the secessionist-terrorist ideology, which would eventually reflect in her words and deeds in times to come…”.

Dr Bilal Ahmad Dalal:

The police dossier states that 58-year-old Dalal has only remained posted in Shopian since his appointment in 2001. Like Dr Chiloo, Dr Dalal also been termed as “asset” for secessionists. 

It says Dr Dalal “maliciously prepared post-mortem reports incorporating false elements to support the false theory of rape and murder of the two women that had come to be mischievously floated and propagated by the Pakistan proxies within the terrorist-secessionist networks.”

“For example, Dr Bilal (Dr Dalal) wrongly mentioned the lacerated wound on the frontal portion of Asiya Jan’s head as an incised wound. He also falsely opined on the cause of death as haemorrhagic shock and bleeding from multiple injuries in case of Asiya Jan and neurogenic shock in case of Neelofar Jan,” it added.

It also states Dr Dalal “in his post-mortem report (conducted along with other co-accused doctors) falsely stated that he has conducted such as test (Lung floating test) and has found that the death was due to drowning”. 

The dossier states he (Dr Dalal) “created false evidence in utter violation of law and medical ethics. This got further corroborated when it came to the fore that the piece of viscera preserved by him as lungs of Neelofar Jan to justify that he had conducted the floating test were actually pieces of heart. The investigation has shown that there are four sets of post-mortem reports prepared by Dr Bilal (Dr Dalal) having significant variations (contradictions) in them underlining the malicious intent.”

It also mentions Dr Dalal “concealed the truth that mud/sand was present in/on parts of the bodies of Neelofar Jan and Asiya Jan”.

The dossier also raises questions over the tribulations during the case trial in the court after CBI filed its chargesheet in the case on December 12, 2009. 

The dossier mentions that case was “stalled and derailed" "unprecedented” times. It states how “adversary within the system failed to send an action taken report to the CBI” all these years. 

The dossier highlights how in “extraordinary manner” the court was “flooded” with litigations.

“…the High Court was flooded with litigations mostly by Mian Qayoom (High Bar Association President) and his associates, the extremely unusual development of the counsels of CBI and Union of India consistently failing to appear and oppose these petitions and applications, the unbelievable manner in which government counsels concealed the favourable judgments and highlighted the adverse orders resulting in a stoppage of the trial for more than 14 years is itself evidence of the importance the adversary attaches to the preservation of its assets…”, it states.

The dossier also mentions how “complete sabotage of the disciplinary proceedings against Dr Nighat (Dr Chiloo) and other accused doctors (including Dalal) by the Health Department of J&K government”. It states: “an enquiry was ordered but never taken forward.”

It states there were hands at work to save the accused including Dr Chiloo and Dr Dalal.

“…powerful elements with the government were working overtime to save the guilty and derail processes of justice and rule of law,” it mentions.

The dossier mentions “one such powerful element” as Advocate Mohd Yousuf Bhat. “One such powerful element who could be identified on the basis of circumstantial evidence which he could not have concealed: Advocate Mohd Yousuf Bhat. It is relevant to recalled that Mohd Yousuf was one of the accused found to be criminally liable for a series of offences ranging from criminally threatening persons to create false evidence and use it to implicate innocent persons (here security force personnel) by CBI.  Mohd Yousuf came to be given a mandate to contest elections from Shopian constituency by PDP (political party) in 2014 assembly elections. Mohd Yousuf won the election and became a powerful member of the ruling party.  He had every reason to fear of also being brought to justice if persons like Dr Nighat(Dr Chiloo) came to be held accountable.”