STRUCTURES OF VIOLENCE

186 | Structures of Violence
on 25 April 1994 at Ashajipora, arms and
ammunition were recovered from Manzoor Ahmad
and Mohammad Iqbal. An encounter took place in
which both these persons were killed. Daily Diary
entry no.28 of the Anantnag Police Station on 25
April 1994 reveals that the army apprehended
Manzoor Ahmad, Mohammad Sha, Mohammad
Iqbal and Riyaz Ahmad Gilkar during this search
operation and some persons were killed during the
encounter.
FIR no. 148/1994 states that on 25 April 1994
during a search operation personnel of the 2 RR
Task Force picked up two people [Javed Ahmad
Shah, son of: Ghulam Rasool Shah, and Ghulam
Qadir Reshi, s/o Mohammad Ramzan Reshi]. They
recovered a radio set. A guard was positioned there.
The people picked up tried to snatch the rie from
the guard, and they were shot at and killed. The FIR
also states that there was prior FIR no. 147/1994
u/s 302 [Murder] RPC at Anantnag Police Station
35
led against the army . The FIR has a notation that
suggests that the case was closed by declaring the
perpetrators as untraced on 9 April 2004. By
communication dated 16 May 2014 from the Jammu
and Kashmir Police the following information was
provided: “The investigation of these cases has
been closed as untraced. Unless and until the
Hon'ble court admits/agrees with the the
investigation of the case, the same is supposed to
be subjudice before the Court of law.”
Also on record is a nal report that states that the army
did not cooperate with the investigations, and that the
action taken was to avenge the FIR no. 147/1994. No
witnesses were produced by the army in their
defence. Therefore, the case was closed as untraced.
FIR no. 149/1994 states that arms and ammunitions
were recovered from Manzoor Ahmad Shah, son of:
Mohammad Khalil Shah, Mohammad Sha Wagay
and Mohammad Iqbal Mir on 25 April 1994.
The petitioner, brother of Riyaz Ahmad Gilkar, testied
before the enquiry on 9 September 1998 that Riyaz
Ahmad Gilkar was abducted by the 2 RR from
Ashijipora on 25 April 1994 and for 25 days his
whereabouts were not revealed. Subsequently, he
saw Riyaz Ahmad Gilkar many times in Army Camp
Khandoora, Khanbal and Aishmuqam. In the month of
May 1996 Riyaz Ahmad Gilkar was shifted to Kot
Balwal and on 12 June 1996 he was lodged in
Rangreth Jail, Srinagar where he remained in contact
with the petitioner though the ofcers said that the
victim was not detained there.
The enquiry also considered the documents provided
by the Public Prosecutor including the Daily Diary in
which it is reected that Head Constable Abdul Rashid
on his return from the army crackdown along with his
ofcial colleagues provided information that the army
had arrested Riyaz Ahmad Gilkar and others.
Based on the above the judicial enquiry concluded
that Riyaz Ahmad Gilkar had been arrested by the 2
RR on 25 April 1994 and his whereabouts have not
been conveyed to the petitioner.
Based on the above judicial enquiry report, the High
Court on 20 July 2004, nine years after the petition
was led, found that a prima facie case was
established against the 2 RR on the abduction of the
victim. An order was given for an FIR to be registered
by the Station House Ofcer [SHO], Anantnag Police
Station.
No information exists on record on whether a FIR was
actually registered following the High Court order.
The apparent lack of any action may also be a
criticism of the High Court that should have remained
seized of the matter instead of leaving it to the
discretion of the Jammu and Kashmir Police.
Further, the Ministry of Defence seems to have cared
very little about the High Court order, the Jammu and
Kashmir Police investigations or in instituting a
process for delivering justice.
The available documents do not suggest that even
a Court-Martial was conducted in this case by the
army.
Case No. 25
Victim Details
Mohammad Ashraf Dar [Torture and Enforced
Disappearance]
Son of: Ghulam Rasool Dar
Resident of: Lone Mohalla, Hadipora, Raabad,
Baramulla District
Alleged Perpetrators
th
1. Major Sehgal, 15 Punjab Regiment
Case Information
First Information Report [FIR] no.28/1994 u/s 364
[Kidnapping/Abducting to murder], 302 [Murder] was
36
led at the Panzalla Police Station . The 22 May
2012 communication from the Jammu and Kashmir
Police states that the case was chargesheeted and
35 Information on the FIR's was sought through RTI on 15 October 2013. By communication dated 16 November 2013 from the Jammu
and Kashmir Police a copy of the FIR was provided.
36 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By
communication dated 22 May 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought
through RTI on 15 October 2013. By communication dated 9 January 2014 from the Jammu and Kashmir Police a copy of the FIR was
provided. Further information sought through RTI dated 14 November 2014.