STRUCTURES OF VIOLENCE

164 | Structures of Violence
compassionate employment under SRO-43
[Statutory Rules and Orders] were recommended.
The family of the victim received both these benets.
The Government of Jammu and Kashmir, in response
to an RTI on sanctions for prosecutions, under the
Armed Forces (Jammu and Kashmir) Special Powers
Act, 1990 [AFSPA] stated on 6 September 2011 in
relation to this case that sanction was sought on 24
November 2007 from the Ministry of Home Affairs. RTI
was led to the Home Department, Government of
Jammu and Kashmir, on 7 May 2014 for information
on cases against the CRPF where sanction for
prosecution was sought. By communication dated 26
March 2015, PIO, PHQ, Jammu and Kashmir, in its
reply stated that the case was still under investigation.
The document on record that may be considered for
the purposes of analysis is the 26 April 2001 SHRC
decision.
A report was received from the Police Headquarters
which stated that during investigations it was
conrmed that the alleged perpetrator was
responsible for the abduction of the victim. It was also
stated that sanction for prosecution under AFSPA was
being sought. Based on this report, the SHRC found
that it was clearly established that Kripal Singh was
responsible for the disappearance of Abdul Rashid
Lone.
While the indictment of Kripal Singh appears clear
from the police report, the prosecution sanction
process raises some worrying questions. As of 2001,
it appears that the investigations were completed and
sanction sought. But, from other documentation
referred to above, it appears that the request for
prosecution sanction was only sought in 2007, six
years later. Further, as of 2012, it appears no
p r o s e c u t i o n s a n c t i o n w a s g i v e n a n d t h e
investigations seem to be ongoing [perhaps a
reference to the fact that a nal decision has yet to be
taken]. The report of the police in 2001 before the
SHRC was therefore a false statement.
Further, the Government of Jammu and Kashmir took
seventeen years [1990 to 2007] to seek sanction in
this case which in itself perpetuates impunity.
Signicantly, it took the police seven years to le a FIR
in the case, and that too only after the intervention of
the High Court. This case serves as an example of
how the mechanisms for the protection of human
rights have been rendered useless in Jammu and
Kashmir. Finally, it appears the Ministry of Home
Affairs has taken no action in the matter.
The IPTK sought information on 10 January 2012 on
all inquiries and Court-Martials conducted by the
CRPF 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. 10
Victim Details
Tariq Ahmed Lone [Torture and Enforced
Disappearance]
Age: 35
Occupation: Fruit Business
Son of: Muhammad Ghulam Nabi Lone [deceased]
Resident of: Wanigam, Bala, Pattan, Baramulla
District
Alleged Perpetrators
1. Commandant Kripal Singh, Central Reserve
Police Force [CRPF], Camp Zangam
Case Information
The family of Tariq Ahmed Lone states that on 9
September 1990, at about 6:00 am, a group of CRPF
personnel led by Commandant Kripal Singh entered
the house of Tariq Ahmed Lone. They caught hold of
Tariq Ahmed Lone as he was the only male member in
the family present then. He was taken outside the
house and near the village mosque. The CRPF
personnel started to beat him up severely.
For almost one or two hours he was tortured severely
as per the eye-witnesses present. The CRPF was
asking Tariq Ahmed Lone to hand them the weapons
of one Prince Khan, a relative of the victim. As per the
family of Tariq Ahmed Lone, he fell unconscious at the
place. He was dragged and then taken away in the
army vehicle. He was taken to the Zangam Camp.
On the same morning, one Pir Muhammd Sha of
Sherabad Pattan was also abducted by Commandant
Kripal Singh.
On the following day the CRPF personnel informed
the family of Tariq Ahmed Lone that he had been taken
to another camp.
The family of Tariq Ahmed Lone went to the Zangam
Camp for the next one month to ask for the victim's
release, but the army personnel did not give any
details on the whereabouts of Tariq Ahmed Lone.
Later the family led an FIR at the Pattan Police
Station.
The family states that because of the fear of the army,
they could not le any case in the court.
The family was given Rs. 1,00,000 ex-gratia
government relief but no compassionate employment
under SRO-43 [Statutory Rules and Orders].