STRUCTURES OF VIOLENCE

160 | Structures of Violence
informed him that the victim would be let out
soon. The witness went time and again to DIG
Jaswant Singh who nally told him that the victim
had been shifted to Jammu and “uptill now he
does not know where Mohammad Maqbool is”.
The witness was not cross-examined, although
the counsel for respondents 1 to 3 was present [it
is unclear who specically these three
respondents were].
- The testimonies of Ghulam Mohammad Dar,
Abdul Rashid, Ali Mohammad Dar, Ghulam
Mohammad Bhat and Abdullah Dar were
summarized and conrmed the abduction.
Based on the above evidence the enquiry report
found that there was an “irresistible presumption” that
the victim was abducted by CRPF personnel on 21
July 1990.
A Letter Patent Appeal [LPA no. 121/1999] was also
led regarding the payment of compensation that was
ordered in the same matter on 15 October 1998. The
issue was whether the Government of Jammu and
Kashmiror Central Government were to make the
payment. On 10 September 2001 the Government of
Jammu and Kashmirwas ordered to make the
payment of Rs. 50,000.
Information on the petition numbers was sought
through the Jammu and Kashmir Right to Information
Act, 2009 [RTI] on 2 July 2012. No information was
provided. Information on petition numbers 541/1990
and 121/1999 was sought on 4 April 2014.
The judicial enquiry constituted by the High Court has
not been very thorough as it only conrms the crime
by the CRPF without xing the responsibility on the
actual perpetrators. Given the knowledge DIG
Jaswant Singh had of the victim's custody it remains
unclear why the judicial enquiry did not specically
indict him.
The police have failed in the instant case to perform
their duty as they did not le the FIR on their own.
Further, following the High Court order of 12
November 1996 no FIR was led. The 27 July 2004
order of the High Court directing the police to once
again le the FIR suggests the High Court was kept
uninformed of any progress from 1996 onwards. This
order that comes without strictures against the police
only conrms the fears that the police and the armed
forces contemptuously disregard institutions of justice
in Jammu and Kashmir.
Based on the available ofcial Government
documents, this case does not nd a mention in the
list of cases sent for sanction for prosecution under
the Armed Forces (Jammu and Kashmir) Special
Powers Act, 1990 [AFSPA] thereby suggesting that
investigations, if any conducted, never reached the
stage of prosecution in 22 years. Further, it appears
that the Ministry of Home Affairs has taken no action in
this 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.
Ironically, while the petition remains alive after 22
years, the petitioner has died waiting for the
institutions of justice to deliver.
Case No. 7
Victim Details
Ali Mohammad Mir [Enforced Disappearance]
Son of: Saif-ullah Mir
Resident of: Dardpora, Kupwara District
Alleged Perpetrators
1. Inspector Suraj Singh / Surjit Singh
[Operational name: Jagjit Singh], Intelligence
Bureau [IB]
th
2. Personnel, 66 Battalion Border Security
Force [BSF], Trehgam
Case Information
On 9 August 1990, Ali Mohammad Mir was picked up
by the BSF at Kralapora Market, Kupwara and has
disappeared since.
First Information Report [FIR] no.11/1992 u/s 302
[Murder] and 342 [Wrongfully conning person]
Ranbir Penal Code, 1989 [RPC] was led at the
9
Trehgam Police Station . The report that lists the
contents of the FIR states that a BSF party, led by
Inspector Suraj Singh of the IB abducted the victim.
By communication dated 25 April 2014 from the
Jammu and Kashmir Police a copy of the FIR and
police communication was provided. By
communication dated 10 December 2014
information was provided that the investigations
were closed.
The family of Ali Mohammad Mir led a petition before
the High Court of Jammu and Kashmir which was
disposed of by an order dated 27 July 1991 that
ordered the release of Ali Mohammad Mir.
As Ali Mohammad Mir was not released, another
petition was led before the High Court [HCP
9 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information
was provided. Further information sought through RTI on 15 October 2013. By communication dated 24 December 2013 from Jammu
and Kashmir Police a report that lists the contents of the FIR was provided. Further information sought through RTI dated 14 November
2014.