STRUCTURES OF VIOLENCE

182 | Structures of Violence
SHRC. The family has received the ex-gratia amount
of Rs. 1 lakh but employment under Statutory Rules
and Orders [SRO-43] [Compassionate employment]
is still pending in the Deputy Commissioner's [DC]
ofce.
The brother-in-law of the victim, Hamidullah Shah,
gave the above statement to the IPTK on 11 June
2015.
FIR no. 307/1992 under section 302 [murder]
RanbirPenal Code [RPC] led at Police Station
Baramulla. This FIR was led two months after the
incident on 13 November 1992 [it is therefore unclear
what the family led on the very day of the abduction].
The FIR names “Major Ahuja” and the delay is
explained as because the family had been
approaching the army authorities for two months to
know the whereabouts of the victim. The FIR is
detailed and states that the victim was beaten
severely when he was picked up and was even
bleeding from his mouth and rectum.
A RTI was led regarding all FIRs against state forces
in Jammu and Kashmir. In response to this, by
communication dated 25 December 2013 from
Jammu Kashmir Police, a copy of the FIR was
provided and information was provided that the case
was closed as untraced on 1 August 1993 [this is also
noted on the FIR itself]. Further information was
sought through RTI dated 14 November 2014.
It also appears that the case was processed before
the State Human Rights Commission [SHRC]. On
record is an incomplete [only one page is available]
communication from the Zonal Police Headquarters
Kashmir Zone to the SHRC. This communication
states that as per report from obtained from Senior
Superintendent of Police, Baramulla, on 13
November 1992, Mohammad Maqbool Shah, son of
Rehmatullah Shah, resident of Janbazpora,
Baramulla, produced an application in Police Station,
Baramulla duly endorsed by Deputy Inspector
General, Range Baramulla alleging that on 13
September 1992, army troops of 15 Punjab
apprehended Mohammad Sha Shah, son of
Rehmatullah Shah and beat him mercilessly. He was
then lifted by troops in their vehicle in injured
condition. The complainant approached the
concerned army who denied the arrest. A case was
then registered and investigation taken up.
Statements of complainants Abdul Khaliq Dar,
Samander Shah, Habibullah Shah, Mohammad Raq
Shah, Mohammad Rajab Shah, all residents of
Janbazpora, were recorded. They have corroborated
the FIR. Statements of Major Rajesh Kumar [ofcer
Adjutant of 15 Punjab] and Major Sanjay Ahuja were
also recorded and they denied the arrest of the victim.
This case clearly illustrates the impunity that exists.
The victim has disappeared. Witnesses not only
accuse the army but they have also been able to
identify the accused ofcer responsible – the alleged
perpetrator. A FIR is led in which the allegation and
name of accused are mentioned. The police is even
able to contact the accused person – Sanjay Ahuja.
Despite this, the police still close the case as
“untraced”. It seems the police closed the case based
entirely on the denial of the army. This case is a strong
indictment of not only the alleged perpetrator but the
system of imnpunity itself.
Case No. 21
Victim Details
F a r o o q A h m a d K h a n [ To r t u r e , E n f o r c e d
disappearance]
Age: 26
Son of: Ghulam Ahmad Khan
Resident of: Gundpora, Rampora, Bandipora District
Alleged Perpetrators
1. Major Joshi, 10 Bihar Regiment, Safapora
Camp
2. Major Manoj, 10 Bihar Regiment, Safapora
Camp
Case Information
On 1 December 1992, the army of 10 Bihar Regiment
camped at Safapora conducted search operations in
village Gundpora - 30 kms away from army camp
Safapora.
All the villagers were asked to assemble in a school
ground at Gundpora. The army conducted an
identication parade. Meanwhile, a group of villagers
including Mushtaq Ahmad Lone, son of Ghulam
Ahmad Lone and the victim were arrested from a
friend's house by the army. Both of them were taken
to the Safapora camp. This operation was led by
Major Manoj and Major Joshi.
After eight days of their arrest, the army from
Safapora, once again led by the above named
ofcers, returned to the village along with the victim
and Mushtaq Ahmad Lone. The victim was critically
injured as he had been brutally tortured. His family
saw him on this occasion. Some of the villagers even
talked to him, such as head of the village Sanaullah
Bhat and senior citizens Abdul Ahad, Mohammad
Afzal Lone, Ghulam Ahmad Bhat and others. He was
then taken back to the Safapora camp.
The following day the family of the victim approached
the camp and met Major Joshi. They were assured
that the victim would be released. But he has since
disappeared, even though Mushtaq Ahmad Lone was
subsequently released by the army.
The family of the victim gave the above statement to
the IPTK.
The testimony above is credible and most crucially