STRUCTURES OF VIOLENCE

181 | Structures of Violence
nd
Commandant of the 22 Battalion BSF. The
witness denied that any operation took place
on 19 August 1992. The witness denied that
his battalion ever arrested Mohammad Raq
Bhat. On cross-examination the witness
stated that “he does not remember as to
during his posting how many persons were
picked up and handed over to the police.
Record is maintained in the unit. On the
perusal of which he can say Mohammad Raq
was not arrested. Before coming to the court
he did see the entire record, on the basis of
which he states that Mohammad Raq Bhat
was not arrested during those days”.
- Omesh Chabder Sobidar, Sub-Inspector at
the headquarters in 1992 stated that he used
to maintain the records of any person
arrested. The witness stated that “today he
has come from Baramulla so could see the
record.” But, the witness stated that on 19
August 1992 no person was arrested. The
witness testimony was not damaged on crossexamination.
The enquiry found contradictions in the testimonies of
witnesses on behalf of Mohammad Raq Bhat. But,
the enquiry found that “Disappearance is totally
established”.
Based on the enquiry report above, two comments
may be made:
- There appears uncertainty on the issue of the
FIR. While the mother of Mohammad Raq
Bhat suggests that a report was led with the
police immediately after the arrest of
Mohammad Raq Bhat, the FIR numbers
referred to suggest it was led in 1996.
- There exists a glaring contradiction in the
sighting of Mohammad Raq Bhat. Two
locations are referred to: Papa-II Joint
Interrogation Centre and the BSF Camp at
Shivpora. Unfortunately, the matter was not
claried in the enquiry report and the enquiry
concluded, based on this contradiction mainly,
that responsibility could therefore not be xed.
Admittedly, the specic names of the alleged
perpetrators also do not nd mention in the
enquiry.
Therefore, while the enquiry correctly afrms the
disappearance, the unit responsible, and the specic
persons responsible, admittedly, cannot be
conclusively xed on the enquiry report alone.
The manner in which the High Court dealt with the
matter only enabled the perpetrators of the crime of
disappearance of victim, which was established, to
evade justice. Further, it also appears that the record is
no longer traceable by the Jammu and Kashmir Police,
and the closure report was not led before a court,
thereby denying any chance of reviewing the work of
the Jammu and Kashmir Police.
Further, the absolute impunity in this case is clear as
the IPTK sought information on 10 January 2012 on all
inquiries and Court-Martials conducted by the BSF
between 1990 and 2011 in Jammu and Kashmir but no
information was provided on this case.
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 on this case.
Case No. 20
Victim Details
Mohammad Sha Shah [Torture, Enforced
disappearance]
Occupation: Government Service [Flood and
Mechanical Department]
Son of: Nyamatullah Shah
Resident of: Janbaz Pora, Baramulla district
Alleged Perpetrators
1. Major Sanjay Ahuja, Ofcer-in-Command, 15
Punjab Regiment
Case Information
On 13 September 1992, the victim was on his duty with
a dredging machine in the Jhelum. The victim was
working as a Chowkidar there. On that day, the army
was on a search operation looking for some militants in
that area. During this operation, they picked up the
victim from his workplace. The army was of 15 Punjab
Regiment, headed by Major Sanjay Ahuja, the then
ofcer-in-command.
From that place, he was taken to Chakloo. The family
was informed about his abduction when the victim was
taken through his village and, later on, they got to know
that the victim was in Chakloo through the residents of
that village. In Chakloo, victim was reportedly tortured
mercilessly which his family got to know through the
people of Chakloo.
At about 10 pm that night, the family lodged a First
Information Report [FIR] against Major Sanjay Ahuja.
The next day, when the family went to the army camp,
they denied any knowledge of the victim. The family
tried to look for the victim but did not receive any
information for three days. After three days, when the
family again approached the camp, some ofcer there
[unidentied] told them that they would meet the victim
after one month. But that never happened. After a
month, when family again approached the army, two
army personnel on a personal level asked the family
not to search for the victim and were informed that he
was killed on the very day he was abducted.
After seven years, they received the death certicate
and then the family applied for compensation in the