STRUCTURES OF VIOLENCE

154 | Structures of Violence
is usefully placed in the larger context of a lack of
accountability. But, a criticism of the SHRC decision
would be that it fails to delve deeper into the issue of
where exactly the victim may have died. The family of
the victim and Aijaz Ahmad Bhat accept that the victim
was transferred to the Joint Interrogation Centre.
Therefore, technically, the BSF, and Major Chuhan
could well claim that no liability attaches to them.
Nonetheless, what is beyond doubt is the death of the
victim, and the BSF and the police would certainly be
answerable to any investigations that would be
carried out.
Further, it is unfortunate that despite a decision from
the SHRC, the family of the victim is yet to receive any
relief/compensation.
It is noteworthy that it took the Jammu and Kashmir
Police 18 years to le a FIR in the case and to date it
appears no progress has been made in the case. The
IPTK sought information on 10 January 2012 on all
inquiries and Court-Martials conducted by the BSF
between 1990 and 2011 in Jammu and Kashmir but
no information was provided. Further, the IPTK
sought information on 10 January 2012 on all cases of
sanctions for prosecution under AFSPA relating to the
Ministry of Home Affairs between 1990 and 2011 in
Jammu and Kashmir but no information was provided.
Case No. 3
Victim Details
1. Latief Khan [Torture and Enforced
Disappearance]
Age: 45
Occupation: Fruit business, shop owner and
an ex-serviceman [army driver]
Son of: Yakoob Khan
Resident of: Chandanwari, Boniyar, Uri,
Baramulla district
2. Bashir Ahmad Khan [Abduction, Wrongful
Connement, Torture and Extra-Judicial
Killing (Custodial Killing)]
Age: 45
Son of: Ali Akbar Khan
Resident of: Chandanwari, Boniyar, Uri,
Baramulla district
3. Samad Saraf [Abduction, Wrongful
Connement and Torture]
Resident of: Sangri Colony, Baramulla
Alleged Perpetrators
t h
1. Assistant Commandant Pandey, 46
Battalion Central Reserve Force [CRPF]
2. Deputy Superintendent of Police [DSP] S.M.
Sahai, Uri [presently Inspector General of
Police (IGP), Kashmir], Jammu and Kashmir
Police
3. Constable Ghulam Nabi, Jammu and
Kashmir Police
4. Constable Mohammad Ashraf, Jammu and
Kashmir Police
5. Fareed, Jammu and Kashmir Police
[reportedly killed]
Case Information
The family of Latief Khan states that on 14 July 1990
at about 4:00 am a joint group of CRPF and police
personnel came to the house of Latief Khan. Assistant
Commandant Pandey and DSP S.M.Sahai were
present. Latief Khan was taken out of the house,
beaten with a piece of wood and then taken away. The
rest of the family was locked inside the house. Further,
the beddings in one of the rooms were burnt.
Three police personnel accompanying the group
were recognized by the wife of the victim, Latief Khan.
They were: Mohammad Ashraf, Ghulam Nabi and
Fareed. They were the guards of DSP S.M.Sahai.
Subsequently, Bashir Ahmad Khan was picked up
from his house, and Samad Saraf [who used to stay at
the residence of Latief Khan and work as a salesman
at a shop] was picked up from the mosque after he
had offered prayers.
All three were taken to the Matches factory,
Baramulla. When the family of Latief Khan
approached DSP S.M.Sahai they were given various
excuses and were told that Latief Khan would be
released. He also stated that the CRPF was
questioning the victims at the Matches factory,
Baramulla.
On 17 July 1990, the body of Bashir Ahmad Khan was
found in the Jhelum river. On 31 July 1990, Samad
Saraf was released. He informed the family of Latief
Khan that at the Matches factory, Baramulla, all three
victims had been tortured.
On various occasions, Jaswant Singh, Additional
Deputy Inspector General [DIG] of Police, Criminal
Investigations Department [CID], Counter
Intelligence Kashmir [CIK], Srinagar issued
permissions to the family of Latief Khan to meet with
the victim at various locations. But, Latief Khan was
never found.
Samad Saraf, in an audio recorded interview to the
IPTK on 6 March 2012, is unclear of the actual date of
abduction [“In the year 1990, May or August either it
was 7 August or 8 August”].
Further, a contradiction with the events as recounted
by the family of Latief Khan, Samad Saraf states that
he was at the house when the police and the CRPF
came to the residence of Latief Khan, where he too
was staying. DSP S.M.Sahai asked Samad Saraf if
Abdul Rashid Querishi had sold ammunition to Latief
Khan. Samad Saraf denied the allegation in defence
of Latief Khan. Samad Saraf then conrms that DSP
S.M.Sahai and others beat Latief Khan. While Latief
Khan was being beaten, a police personnel asked
whether Samad Saraf was getting late for his morning