STRUCTURES OF VIOLENCE

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165 | Structures of Violence The family of Tariq Ahmed Lone gave a statement to the IPTK on 6 March 2012. Despite the passage of 22 years, no information exists on record on the status of investigations or prosecutions conducted by the Jammu and Kashmir Police. Further, the state of absolute impunity is clear as 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. No information was provided. Case No. 11 Victim Details Khursheed Ahmad Bhat [Torture and Enforced Disappearance] Age: 29 Occupation: Shopkeeper Son of: Wali Mohammad Bhat, Fatima Begum Resident of: New Colony, Sopore, Baramulla District Alleged Perpetrators th 1. Commandant Kripal Singh, 50 Battalion, Central Reserve Police Force [CRPF], Camp Jagger and Fruit Mandi Headquarters, Sopore, Baramulla District 2. Deputy Superintendent of Police [DSP] Manmohan Sharma [Operational name: Moni th Singh], 50 Battalion, Central Reserve Police Force [CRPF], Camp Jagger and Fruit Mandi Headquarters, Sopore, Baramulla District 3. Deputy Superintendent of Police [DSP] Lakha th Singh, 50 Battalion, Central Reserve Police Force [CRPF], Camp Jagger and Fruit Mandi Headquarters, Sopore, Baramulla District th 4. Constable Gabbar Singh, 50 Battalion, Central Reserve Police Force [CRPF], Camp Jagger and Fruit Mandi Headquarters, Sopore, Baramulla District Assistant Sub-Inspector [ASI] Ram Chandre 15 [Operational name: Chaha] , th 1. 50 Battalion, Central Reserve Police Force [CRPF], Camp Jagger and Fruit Mandi Headquarters, Sopore, Baramulla District Case Information The family of Khursheed Ahmad Bhat states that the th victim was picked up by the 50 Battalion CRPF on 25 September 1990 at about 10:30 am from his shop. The CRPF was led by DSP Manmohan Sharma and DSP Lakha Singh. The family states that the victim was rst th taken to the 50 Battalion CRPF Headquarters at Fruit Mandi, Sopore and then to the Jageer Camp interrogation centre where he was tortured by ASI Ram Chandre, the head of the interrogation centre. Information regarding the shifting of the victim to Jageer Camp and then his torture was provided to the family by other persons. The family also believes that Commandant Kripal Singh and Constable Gabbar Singh were responsible for the torture of the victim. Despite various efforts by the family to trace the victim, he has disappeared. The family of Khursheed Ahmad Bhat gave a statement to the IPTK on 24 December 2012. First Information Report [FIR] no. 258/1990 u/s 345 [Wrongful connement knowing that writ has been issued for his liberation], 365 [Kidnapping/Abducting with intent to secretly and wrongfully conne] Ranbir Penal Code, 1989 [RPC] was led at the Sopore 16 Police Station . The 9 May 2012 communication from the Jammu and Kashmir provided information that the case was closed by declaring the perpetrators as untraced. By communication dated 9 January 2014 it was stated that the case was closed on 6 November 2003. By further communication dated 9 July 2012, a document was provided that states that sanction for prosecution was declined under Section 197 (2) [Prosecution of Judge and Civil servants] Criminal Procedure Code, 1989 (CrPC) by the Ministry of Home Affairs on 6 August 2002. The family of the victim also led a petition before the High Court of Jammu and Kashmir. Deputy Commissioner, Baramulla, provided ex-gratia government relief of Rs. 1,00,000 to the family of the victim. On 27 October 2011, the State Human Rights Commission [SHRC], having taken suo moto cognizance of the case, recommended that the sanction for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA] be accorded, and compassionate employment under SRO-43 [Statutory Rules and Orders] be provided to the family of the victim. The family of the victim has not received the compassionate employment under SRO-43. Further, while the SHRC in its decision noted that sanction for 15 The names of the alleged perpetrators are spelt as per the SHRC decision of 27 October 2011. The family of the victim, while mentioning the same names, and titles, provides slightly different spellings of the names. 16 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By communication dated 9 May 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. By communication dated 9 January 2014 a copy of the FIR was once again provided. Further information sought through RTI dated 14 November 2014.
166 | Structures of Violence prosecution under AFSPA had been sought from “higher authorities” on 3 November 1995, the Ministry of Defence, in its afdavit before the High Court in 2009 on sanctions for prosecution under AFSPA, stated in relation to this case that it had not received the request for sanction in this case. The only document on record for the purposes of analysis is the decision of the SHRC on 27 October 2011. The SHRC begins by stating that despite being approached, over four years, the Director General of Police [DGP], Jammu and Kashmir, did not submit a factual report before the SHRC. The SHRC relied in its decision on the testimony of the family of the victim and the report of the Station House Ofcer [SHO], Sopore Police Station, led before the High Court. This report states, based on investigations that involved statements of witnesses, that DSP Manmohan Sharma and DSP Lakha Singh forcibly entered into the shop of the victim and took him to the Fruit Mandi Camp, Sopore. Further, the report also states, based on witnesses that were kept in custody with the victim, that the victim was beaten and tortured by the other alleged perpetrators. The victim was beaten and tortured in the presence of the witnesses. He was then dragged to another room in a critical condition where he was further beaten and tortured. The police report then concludes that the victim had died in custody. Based on this report, the SHRC concludes “beyond any doubt” that the victim had been arrested and tortured by the ve alleged perpetrators. The SHRC states that “this is a proved and clear case of custodial disappearance”. The SHRC is then critical that sanction for prosecution had not granted even after the lapse of 16 years. The indictment of the SHRC, based on the police report, is unequivocal. But, it is unfortunate that no action appears to have been taken against the alleged perpetrators. First, it is unclear why the sanction was sought from the Ministry of Defence as the personnel implicated in the case fall under the Ministry of Home Affairs. It is further unclear why the Ministry of Defence did not clarify that the case did not pertain to them. Second, the police response in the RTI suggests that the case was closed by declaring the perpetrators as untraced. Further, and as a concluding remark that perhaps displays the unfortunate state of the present case, the death certicate issued in this case by the Baramulla District Administration may be considered. While presuming the death of the victim on 4 November 1990, the death certicate lists the cause of death as “subversion” which might suggest certain criminality on the part of the victim. 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. Based on the non-cooperation of Government of India [Ministry of Home Affairs], CRPF and the nonsubmission of the report by the DGP, Jammu and Kashmir, to the SHRC, and the information provided by the police that the case has been closed as untraced, suggests an institutional cover up and protection from prosecution for the alleged perpetrators Case No. 12 Victim Details 1. Abdul Rashid Sheikh [Torture and Enforced Disappearance] Age: 30 Occupation: Carpet Business Son of: Abdul Khaliq Sheikh Spouse: Zubeida Resident of: Kripalgarh, Pattan, Baramulla District 2. Ghulam Mohammad Sheikh [Abduction, Wrongful Connement and Torture] Resident of: Kripalgarh, Pattan, Baramulla District 3. Bashir Ahmad Sheikh [Abduction, Wrongful Connement and Torture] Resident of: Kripalgarh, Pattan, Baramulla District 4. Ghulam Mohammad Rather [Abduction, Wrongful Connement and Torture] Occupation: Veterinary Doctor Resident of: Kripalgarh, Pattan, Baramulla District Alleged Perpetrators th 1. Commandant Sharma, 24 Battalion Border Security Force [BSF], Camp Wodoora, Sopore Case Information On 25 November 1990 there was crackdown in the Singhpora area. During the crackdown there were some gunshots in the Matipora area. Further, the crackdown was being extended to the Kripalgarh area as well so people tried to escape from their houses. Abdul Rashid Sheikh was not able to and he returned th home. The BSF personnel of the 24 Battalion led by Commanding Ofcer Sharma came to the house of the Abdul Rashid Sheikh and arrested him along with Rs.1,00,000 that he had from his business. Two relatives of Abdul Rashid Sheikh: Ghulam Mohammad Sheikh and Bashir Ahmad Sheikh, along with a veterinary doctor Ghulam Mohammad Rather,
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