STRUCTURES OF VIOLENCE

171 | Structures of Violence
The judicial enquiry report states that the respondents
appeared before the enquiry judge. A statement of
facts was submitted by respondents 6 and 7
[presumably the Union of India and the CRPF]. The
allegations were denied. Further, it was stated that the
alleged perpetrator was posted as the Commandant of
the CRPF personnel in Bandipora in 1991 but was
relieved from Bandipora on 3 July 1991.
The following is a summary of the relevant evidence of
the petitioner and his witnesses before the enquiry
judge:
- Ghulam Mohammad Shah, stated that Abdul
Khaliq Mir was picked up from his in-laws house at
Onagam, Bandipora by the armed forces. He
could not say which branch of the armed forces
had arrested him.
- Abdul Salam Shah, testied that personnel of
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the 50 Battalion CRPF picked up Abdul Khaliq
Mir on 2 September 1991. Abdul Khaliq Mir had
not returned home to date. On cross-examination,
the witness stated that he came to know that it
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was the personnel of the 50 Battalion CRPF who
had arrested the victim, “during the search”. There
were a group of 40 personnel involved in the
arrest. They came in two small and one heavy
vehicle. Despite stating that the witness had been
cross-examined, the nal line of the summary of
this witness is that the witness was not crossexamined.
- Mohammad Ayoob Akhoon, stated that on 2
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September 1991 50 Battalion CRPF personnel
under the command of the “Dy S.P” stationed at
“Wangam”, Bandipora, came to the house of the
father-in-law of Abdul Khaliq Mir. The house was
searched and Abdul Khaliq Mir was arrested. The
witness along with “many more person” were
present on the spot. On cross-examination, the
witness stated that he was himself an army
personnel. Therefore, he could say that a Dy S.P.
was commanding the CRPF personnel. Further,
that “the Camp at Block Bandipora had a sign
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board which read that 50 Battalion of CRPF was
stationed at that place”.
- Mehmooda, wife of Abdul Khaliq Mir, stated
that at 1:00 pm on 2 September 1991 personnel of
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the 50 Battalion CRPF arrested Abdul Khaliq Mir
from his in-laws house at Onagam, Bandipora. On
cross-examination, the witness stated that there
were 30/40 CRPF personnel during the arrest.
They had come in two small and one heavy
vehicle. Abdul Khaliq Mir had come to see her
because she had delivered a baby in her father's
house. The witness stated that she did not know
whether the alleged perpetrator or some other
ofcer commanded the CRPF personnel.
The non-applicants 6 and 7 [presumably the Union of
India and the CRPF] produced the following two
witnesses:
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- V.P.Srivastava, Deputy Commandant, 130
Battalion CRPF, who stated that he knew of one
Neigi who was posted as Assistant Commandant
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of 50 Battalion CRPF and was transferred from
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nd
50 Battalion to the 72 Battalion on 3 July 1991.
nd
This person joined the 72 Battalion CRPF on 6
July 1991. “A copy of the signal” was produced by
the witness. The witness further stated that no
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person was arrested by the 50 Battalion on 2
September 1991. On cross-examination, the
witness stated that he did not remember where he
was posted in the month of July 1991 but it was
not in Kashmir. Further, which ofcer was placed
at what place in 1991 in Kashmir was not known to
him.
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- Baldev Singh, Deputy Commandant 50
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Battalion CRPF, stated that no company of the 50
Battalion CRPF was posted at Bandipora, but it
was in Budgam District. None of the six
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companies of the 50 Battalion CRPF was posted
in Bandipora on the relevant date. A DSP
R.S.Neigi was transferred from the Battalion on 3
nd
July 1991 and took charge of the 72 Battalion on
6 July 1991. On cross-examination, the witness
stated that he could not say whether any
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operation was conducted by the “50 Battalion
BSF, in Allosa, Bandipora on 1 September 1991.”
Accordingly, he was not in a position to depose
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whether the 50 Battalion CRPF conducted any
operation in Aloosa, Bandipora on 2 September
1997 or 4 September 1997. The witness was
posted in Imphal during this period. The witness
stated that he had not brought the record of
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special operations conducted by the 50 Battalion
from 1 September 1991 to 3 September 1991.
Similarly, he had not brought “all the record”
regarding the operation conducted on 2
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September 1991 by the 50 Battalion. The
witness stated that only one ofcer of the name of
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Neigi was posted in the 50 Battalion on 2
September 1991 [this appears to be a mistake in
recording as it seems that the witness position
was that the ofcer had been transferred by that
date].
Based on the above, the enquiry report concluded that
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the 50 Battalion CRPF was camped at Block
Bandipora and that Abdul Khaliq Mir had been
arrested by the armed forces. But, the enquiry report
states that it is unclear whether the alleged perpetrator
or any other ofcer was commanding the personnel at
the time of the arrest.
The enquiry report appears to therefore conrm the
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abduction of the victim and the role of the 50 Battalion
CRPF but does not indict the alleged perpetrator. This
is unfortunate considering that the witnesses appear
quite clear on his role notwithstanding the ofcial
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documents that suggest he was no longer with the 50
Battalion CRPF on the relevant date.
On 26 September 2000 the family of Abdul Khaliq Mir
approached the SHRC. Before the SHRC,