2009 Shopian rape and murder hoax

In 2009, allegations began circulating of the purported abduction, rape and murder of two young women – Asiya Jan and Neelofar Jan – allegedly by the Central Reserve Police Force of India. Between 29 and 30 May 2009, at Bongam, Shopian district, Jammu and Kashmir, the two women had gone 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 concluded the women appeared to have drowned in a stream, rejecting allegations that their deaths were homicides.
On 22 June 2023, the Jammu and Kashmir administration, invoking Article 311 of the Constitution of India, terminated two doctors, Dr. Bilal Ahmad Dalal and Dr. Nighat Shaheen Chilloo, claiming the two were "actively working" with Pakistan-based groups and falsifying evidence in the case. According to officials, the Central Bureau of Investigation found that the deaths of Asiya Jan and Neelofar Jan on 29 May 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 charge-sheeted them and 11 other people in December 2009 for "misleading the investigations and fabricating evidence about rape and murder".

Victims

Neelofar Jan, aged 22 and Asiya 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. Asiya Jan was the daughter of Abdul Gani Ahangar.

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 that "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 to be led by retired Justice Muzaffar Jan into the incident due to 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 protests across the state.

Case history

On 31 May 2009, the Chief Minister of Jammu and Kashmir, Omar Abdullah, appointed retired Justice 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 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:

ascertain whether there had been any foul play in their death and, if so, identify the person/persons responsible.
perform all other functions necessary for holding of inquiry and submit its report within one month from the date of the notification.
ascertain whether there was any failure on the part of any government department in the conduct of any investigation or handling of the post-incident situation.
The Commission, appointed in exercise of powers conferred by Section 3 of the J&K Commission of Inquiry Act, shall recommend action as deemed necessary against the person/persons involved/responsible and suggest action as may be necessary to ensure non-repetition of such incidents.

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.

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 probe the incident and also urged the High Court Bar Association probe the matter at their own level so the people would learn 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, pre-mediated 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 planned. As soon as the protests started, police and Indian armed forces in order to halt the protests tried to control them peacefully and fired tear gas canisters as a last resort. 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.

Date	Details
30 May 2009	As soon as the news about the incident spread in the area, the entire area was rocked by spontaneous protests. Hundreds of people, including a large number of women, took to streets shouting anti-India and pro-separatist slogans. Police used tear gas and batons to disperse them, who retaliated by pelting stones.
31 May 2009	Heavy protest was seen throughout Jammu and Kashmir. Police lobbed scores of tear gas shells and cane charged to quell the protesters injuring more than 40 protesters.
1 June 2009	Hurriyat Conference, chairman, Syed Ali Geelani called for a strike and peaceful protests over the incident. A complete shutdown was observed throughout Jammu and Kashmir with all government offices, shops, schools, banks remained closed. Protests were observed in Anantnag, Baramulla, Budgam, Bandipora, Kupwara, Ganderbal, Pulwama, Shopian, and Kulgam. Protesters resorted to stone pelting after police and paramilitary troops fired tear gas shells to disperse the crowd, injuring more than two dozen people. In Shopian, the home of a local legislator was damaged by mobs. Hurriyat Conference, chairman, Syed Ali Geelani renewed the strike call for next two days.
2 June 2009	A complete shutdown and protest was seen throughout Jammu and Kashmir in response to the Hurriyat chairman, Syed Ali Geelani's extended strike call.
4 June 2009	The complete valley was shut down with heavy protest against the incident. In Srinagar, 80 people including 8 policemen were injured. The S.P. of Police, city South, Irshad Ahmed and four policemen were injured and a CRPF bunker belonging to 157 Battalion was set on fire when group of youths pelted stone on the police party in Batmaloo, Srinagar. Protests also marred polling in Hazratbal Assembly Constituency.
5 June 2009	Shops, businesses, schools, government offices and banks remained closed across the Kashmir for fifth consecutive day in response to strike call by separatists to protest alleged rape and murder of two women from Shopian. The Hurriyat Conference chairman, Syed Ali Geelani, renewed the strike through Sunday, when a comprehensive programme would be delivered for further action. He was authorised by the Majlis Shoura, the highest decision-making body of the amalgam.
7 June 2009	The seventh day of continued shutdown and protest throughout Kashmir Valley leading to injuries sustained by 40 civilians and 6 police officers.
8 June 2009	The 8-day-long shutdown in entire Kashmir valley was revamped but strict protests were observed throughout. The Hurriyat Conference asked male students, female students, and employees to hold peaceful protests within their campuses on Tuesday, Wednesday and Thursday, respectively, followed by PHULWAMA MARCH on Friday. The Shopian district saw heavy injuries caused by police and CRPF troops against peaceful protests. Five men were critically injured as police broke out firing at Sofan Namam of Shopian district. Four men were severely injured in tear smoke shelling at Rang Kadal in Shopian. Riyaz Ahmad, sustained heavy injuries due to beating by troopers.
19 June 2009	The Varmul March of the Hurriyat Conference was crushed by police and paramilitary forces by sealing all the roads to Varmul under a curfew-like situation. A complete shutdown was seen throughout Kashmir.
20 June 2009	The strike was observed with complete shutdown of the valley as per the Hurriyat Conference 's call. Shops, banks, government offices, business, school were all closed with no public transport on the roads. The police and troops didn't allow any vehicle to head towards Srinagar from other parts of Kashmir due to visit of Vice President of India, Mohammad Hamid Ansari, who visited to attend the annual convocation of the Kashmir University. The strike at Shopian entered its 22nd day with continuous protests. The police and CRPF troops quelled peaceful protests with tear gas shelling and rubber bullets, injuring 12 people including six women. One woman, named Razia, the daughter of Abdul Rasheed, was severely injured and admitted to SKIMs.
23 June 2009	On the Hurriyat's call, teachers throughout the Kashmir valley protested, demanding punishment for the culprits responsible for the incident. The largest protest was seen at Press Colony, Srinagar by the teachers. The Jammu Kashmir Freedom League's activists also protested at Lal Chowk, Srinagar, followed by a march towards the United Nations office to submit a memorandum about human rights violations in the valley but police prevented them.