STRUCTURES OF VIOLENCE

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179 | Structures of Violence On 19 August 1992, Mohammad Raq Bhat was picked up from his maternal home in Miskeenbagh by th the personnel of the 69 Battalion BSF. The family of Mohammad Raq Bhat went to the Fair View Guest House, Srinagar [operational name: Papa-II Joint Interrogation Centre] to nd him. While initially they were told to wait, subsequently, they were informed that Mohammad Raq Bhat was not detained there. Then the family saw him at the Shivpora Camp. The camp authorities informed them that they could only allow a meeting with Mohammad Raq Bhat following receipt of permission from authorities at Papa-II Joint Interrogation Centre. The meeting never took place. FIR no. 164/1996 u/s 302 [Murder], 364 [Kidnapping/Abducting to murder] and 201 [Causing disappearance of evidence/giving false information] Ranbir Penal Code, 1989 [RPC] was led at the 29 Khanyar Police Station . The 7 August 2012 communication from the Jammu and Kashmir Police states that the case was closed by declaring the perpetrators as untraced. By communication dated 30 November 2013 from the Jammu and Kashmir Police it was stated that the record was not traceable. By further communication dated 22 April 2014 it was stated that the closure report had not been submitted [presumably before the competent court]. The family of Mohammad Raq Bhat gave a statement to the IPTK on 27 February 2012. The family of Mohammad Raq Bhat stated that they declined any ex-gratia government relief or compassionate employment under SRO-43 [Statutory Rules and Orders]. The family of Mohammad Raq Bhat led a petition before the High Court of Jammu and Kashmir [HC 30 19/1999] . The BSF denied that Mohammad Raq Bhat had been arrested. On 17 October 2000 the High Court ordered a judicial enquiry to be conducted. The judicial enquiry was conducted by the Additional Sessions Judge, Srinagar and was completed on 21 February 2003. The IPTK does not have the entire documentation in the case. But, the following excerpt taken from a report entitled “In search of vanished blood: the writ of habeas corpus in Jammu and Kashmir: 1990- 31 2004” provides certain information: “The BSF's reply denying that 22 Bn BSF had lifted/ arrested Mohammad Raq Bhat on 19 August 1992, determined the entire course of the proceedings in the case. Thereafter, the case proceeded on the assumption that it was only the 22 Battalion BSF which was accused in his arrest. The assumption was misconceived. The petition did not assert that Raq was arrested by the 22 Battalion. On the contrary, it was an admitted fact that three BSF Battalions – 22 Battalion, 69 Battalion and 110 Battalion – had operational jurisdiction over the area from where Raq was arrested. The FIR lodged by Raq's family named all three Battalions. It also named two ofcers, Inspector Jain and Commandant Sethi, as members of the arresting party. Before the inquiry, most of the witnesses on Raq's behalf named 69 Battalion as being responsible for his arrest. Besides failing to take note of this crucial point, the Inquiry Judge also went astray while appraising the testimony of the witnesses. The eye witnesses on behalf of Raq Bhat were crystal clear on the fact that he was arrested by the BSF. However, they were not so clear about the post arrest events, and their account varied from that of Raq's parents. The Inquiry Judge was exercised by these contradictions and decided to use them to become ambivalent about the identity of the battalion that had arrested Raq. His report de-clared that there was no doubt that Raq Bhat has disappeared but held that (p)arents as well as other witnesses of the applicant have not been able to prove as to which Battalion of BSF had arrested Raq Ahmad. The nal nail in the cofn was however left to the High Court, which dismissed the case for non-prosecution, even as it was waiting for the respondents to le objections to the inquiry report. Though the respondents had not led their objections, for which time had been granted to them, the Court assumed that the absence of representation on behalf of the petitioner on two consecutive dates was proof that the cause does not survive. An extract from the chronology of the case, illustrating the absurdity, is reproduced below: 21.02.2003 Date of inquiry report. 20.05.2003 Court order: None for the respondents. Parties granted two weeks time to le objections. 08.07.2003 Court order: The respondents granted further time to le objections. 13.08.2003 Court order: None for the petitioner. A proxy appeared for the state government's counsel. Adjourned to await the ling of objections by the respondents. 26.08.2003 Final Order: None for the parties. (O)n the last occasion the case was adjourned because counsel for petitioner was not present. It, therefore, dismissed the case for want of prosecution.” 29 Information on the FIR was sought through through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012. By communication dated 7 August 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. 30 Information on the petition number was sought through RTI on 2 July 2012. No information was provided. Information on this petition was sought again on 4 April 2014. 31 Ashok Aggarwal, October 2008, pp. 40-41
180 | Structures of Violence The only document on record that may be analyzed is the 21 February 2003 judicial enquiry report. The enquiry heard six witnesses on behalf of Mohammad Raq Bhat, and three witnesses on behalf of the Union of India and the BSF. The below is a summary of the relevant witness testimony on behalf of Mohammad Raq Bhat: - Abdul Rehman Bhat, the father of the victim, stated that Mohammad Raq Bhat was abducted by the BSF on 19 August 1992 from “Miskeen-bagh, Srinagar”. The witness, in search of Mohammad Raq Bhat, went to the BSF camps situated at Nowhatta, Naid-yar and Sheraz. For three days the arrest of Mohammad Raq Bhat was denied but on the th third day, the 69 Battalion BSF told the witness that Mohammad Raq Bhat had been arrested by them, but the witness was then referred to the Papa-II Joint Interrogation Centre. At this location the witness was told that Mohammad Raq Bhat had been taken to “Gogo-land”. At “Gogo-land” the witness was informed that Mohammad Raq Bhat had been taken to Shivpora. At Shivpora, the witness, his wife and sister saw the victim “waving his hand from a window of Shivpora camp”. But, they were not allowed to enter and meet with him. They were told to get the permission to meet from “the ofcer”. In Papa-II Joint Interrogation Centre they were not given the permission. The family of Mohammad Raq Bhat went to the Shivpora Camp on many occasions, they saw the victim, but they were not allowed to meet with him. Subsequently, the whereabouts of Mohammad Raq Bhat are not known. The witness testimony was not damaged on cross-examination. - Raja, the mother of Mohammad Raq Bhat, stated that on 19 August 1992, Mohammad Raq Bhat had left towards her mother's house. As he reached her mother's house, the BSF conducted a raid and arrested him. Following his arrest, the witness lodged a report in the police station. Subsequently, the witness went to Papa-II Joint Interrogation Centre where they were told that they would be given a chance to meet with Mohammad Raq Bhat, but were not allowed to do so. Subsequently, at the BSF camp at Shivpora, the witness saw Mohammad Raq Bhat “from a small distance with her own eyes. Her son hinted by showing hand”. The witness testimony was not damaged on crossexamination. The witness provided further details that Mohammad Raq Bhat had been arrested at “Miskeen-bagh”. The witness also added that Mohammad Raq Bhat had sent a letter from the Central Jail, Jammu. - Mumtaza, the aunt of Mohammad Raq Bhat, stated that Mohammad Raq Bhat was arrested from her house. Following his arrest, the witness states that “they went to Rainwari B.S.F head-quarter, who told them that it was B.S.F.69 Battalion. Then they took a slip for meeting Raq Ahmed and went to Shivpora, Gupkar, Batwara, and from Papa-II they saw Mohammad Raq through window. Raq through window asked whether they have brought cigarettes for him, they replied in afrmative.” The witness testimony was not damaged on cross-examination. - Abdul Ahad Rather, testied that he saw the arrest of Mohammad Raq Bhat by the BSF in the month of August 1992. The witness testimony was not damaged on crossexamination. - Habla, a close relative of Mohammad Raq Bhat, stated that Mohammad Raq Bhat “had come to her house” when he was arrested by the BSF. Further, she stated that she had seen the victim in Papa-II Joint Interrogation Centre and Mohammad Raq Bhat through the window asked for cigarettes. The witness testimony was not damaged on crossexamination. - Ghulam Mohi-ud-Din Bhat, a neighbor of Mohammad Raq Bhat, stated that on 19 August 1992, Mohammad Raq Bhat had said that he was going to his grandfather's house at Nowpora and left. Subsequently, information was received that Mohammad Raq Bhat had been abducted by the 22, 69 and 110 Battalion's of BSF. In October 1992, the witness and the parents of Mohammad Raq Bhat saw him in the BSF camp at Shivpora through a window from a distance. The witness also stated that “they were not permitted to talk to him by B.S.F”. The witness testimony was not damaged on crossexamination. The below is a summary of the relevant witness testimony on behalf of the respondents: - Ranjit Singh, stated that he was posted with nd the 22 Battalion BSF, head ofce, in “hotel Mumta” in 1992. On 19 August 1992, their battalion did not go for any raid or cordon and no one was arrested. On cross-examination, the witness stated that in the Nowhatta area th th in those days the 69 and 110 Battalions [presumably of the BSF though not expressly mentioned] was also posted. In addition to other answers given during the crossexamination, the witness also stated that nd “during his posting with 22 Battalion of BSF how many persons were arrested he cannot say. He remained posted there for about two years. No person was brought to the camp after arrest”. - A.K.Sethi, Inspector General, BSF, stated that in the year 1992 he was posted as the
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