STRUCTURES OF VIOLENCE

172 | Structures of Violence
submissions were made by the Commandant of the
th
50 Battalion CRPF who stated that the allegation was
th
baseless, and that from April 1998 the 50 Battalion
was not stationed in the area in question and that in
September 1999 the battalion was not in village
Garoora. The police authorities on the other hand
conrmed the abduction of Abdul Khaliq Mir on 3
th
September 1990 by the 50 Battalion CRPF.
The SHRC disregarded the submissions of the
th
Commandant of the 50 Battalion CRPF as it did not
respond to the allegation for the relevant date.
Despite the police report referring to the incident
taking place on 3 September 1990 [while the family of
Abdul Khaliq Mir referred to September 1991] the
SHRC found that the abduction had taken place by
t h
the 50 Battalion CRPF and recommended
Rs.1,00,000 ex-gratia government relief.
Despite the passage of 21 years no information exists
on whether any investigations or prosecutions were
conducted by the Jammu and Kashmir Police in this
case. Further, it is shocking that the Jammu and
Kashmir Police only led the FIR 11 years after the
crime only on the intervention of the SHRC. Further, it
appears that absolute impunity has been ensured for
the perpetrators of the crime 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.
Finally, it is clear that the impunity in this case was
compounded by the High Court which should have
remained seized of the investigations instead of
leaving it to the discretion of the Jammu and
Kashmir Police.
Case No. 16
Victim Details
1. N a z i r A h m a d G o j j a r [ E n f o r c e d
Disappearance]
Age: 20
Son of: Israil Khan Gojjar, Zaitoona
Resident of: Gojjar Patti, Malangam,
Bandipora District
2. M a j i d G o j j a r [ A b d u c t i o n , Wr o n g f u l
Connement and Torture]
Resident of: Gojjar Patti, Malangam,
Bandipora District
3. Mohammad Ayub Gojjar [Abduction,
Wrongful Connement and Torture]
Resident of: Gojjar Patti, Malangam,
Bandipora District
Alleged Perpetrators
1. Brigadier V. K. Sharma, Dogra Regiment,
Army, Camp Chitarnar, Bandipora District
2. Major R. P. Singh, Dogra Regiment, Army,
Camp Chitarnar, Bandipora District
3. Major R. D. Singh, Dogra Regiment, Army,
Camp Chitarnar, Bandipora District
Case Information
On 26 January 1992 there was a crackdown in the
Gojjar Patti area. At around 2:00 pm, Nazir Ahmad
Gojjar along with two other persons, Majid Gojjar and
Mohammad Ayub Gojjar went outside to collect sticks
and to graze their goats nearby. On hearing ring, the
three of them were scared and sat down. The armed
forces arrested them. The family of Nazir Ahmad
Gojjar was informed subsequently by a retired army
ofcer in the area that the force responsible for their
arrest was the Dogra Regiment of the army. The three
persons arrested were taken and kept at a location
close by for the night. When the women of the village
sought their release they were informed that the
persons would be released. The mother of Nazir
Ahmad Gojjar saw all three boys at that time. But, on
the second day, 27 January 1992, the three persons
were taken to the Chitarnar Camp. When the family of
Nazir Ahmad Gojjar approached the forces of the
Chitarnar Camp they were told that the persons
arrested had been taken to the Badami Bagh Srinagar
Headquarters of the army. On approaching the
Badami Bagh Headquarters they were informed that
the persons arrested had been taken to the Kot Balwal
jail in Jammu. After four months, Majid Gojjar and
Mohammad Ayub Gojjar were released. They
informed the family of Nazir Ahmad Gojjar that all
three of them after being arrested and spending a
night in the location close to their residence were
taken to the Chitarnar Camp for the night of 27
January 1992. On 28 January 1992 Majid Gojjar and
Mohammad Ayub Gojjar were taken to the Badami
Bagh Headquarters. Nazir Ahmad Gojjar was not
taken along. Majid Gojjar and Mohammad Ayub
Gojjar stated that they were tortured during their
detention. Nazir Ahmad Gojjar has disappeared
since. Majid Gojjar died one year or so after the
incident. The family of Nazir Ahmad Gojjar believes
that Majid Gojjar died due to the torture by the army
during his detention.
The family of Nazir Ahmad Gojjar led a petition
before the High Court of Jammu and Kashmir [habeas
corpus petition, HCP 606/1993]. On 1 November
1994, an enquiry was instituted to be conducted by
the District and Sessions Judge, Baramulla. The
enquiry was concluded on 2 May 1996 and conrmed
that Nazir Ahmad Gojjar was arrested, and
disappeared, by Brigadier V. K. Sharma, Major R. P.
Singh and Major R. D. Singh. The High Court also
monitored the process of seeking sanction for
prosecution under the Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA]. On
being informed that sanction for prosecution was
being sought the petition was disposed off on 6
October 1998.