STRUCTURES OF VIOLENCE

187 | Structures of Violence
sanction for prosecution was awaited. By
communication dated 9 January 2014 it was stated
that the case was “under investigation”.
The family of the victim gave a statement to the IPTK
on 27 May 2014 as follows.
On 22May 1994, Mohammad Ashraf Dar had gone to
Rawoosa village, on the occasion of Eid-ul-Adha to
collect donations for the local mosque at Hadipora. At
around 10:00 am, Ashraf along with two other locals,
namely, Fayaz Ahmed Wani, son of Hassan Wani and
Zahoor Ahmed Teli, son of Ghulam Mohammad Teli
were stopped by the army on the pretext of asking
directions towards Yarbugh Village. They had
particularly asked Ashraf to accompany them to
Yarbugh. At that time, there was a crackdown going on
in Yarbugh. Ashraf's associates, Fayaz and Zahoor
accompanied the army to Yarbugh and were caught in
the crackdown, whereas Ashraf had been taken to the
house of a militant, namely, Fayaz Ahmed Ganai
where he was tortured.
Two other persons, namely, Abdul Majeed Malla,
resident of Rawoosa and Fayaz Ahmed Ganai's
brother were also being tortured in the same house.
According to Majeed's account, before torturing them
the army had served them lunch. During interrogation
and torture, the army kept questioning Ashraf about his
identity. They kept telling him that his name was
Abdullah who happened to be a militant in the MJF
from Hadipora. Ashraf pleaded for his innocence and
told the army that he would show them Abdullah's
house, but they did not listen to him and continued
torturing him. They were made to drink excessive
water and were tortured with a roller. At around 6 in the
evening, both Majeed and Ashraf were taken out of the
house and were put into different vehicles. Ashraf's
head had been covered with a Pheran, before he was
moved into the vehicle.
Ashraf's family got to know about his arrest in the
evening, on the same day through Zahoor Teli and
Fayaz Wani. They rushed to the army camp at
Hadipora and met Major Balveer. He contacted
someone and informed the family that the army had
not arrested Ashraf. However a soldier in the army
camp told Major Balveer that the army had picked up
someone from Rawoosa. Major Balveer then asked
the family to visit the camp the next day. On the next
day, the family waited for Major Balveer, from 9:00 am
to 1:00 pm and at 1:00 pm, Major Balveer said that the
case was related to his senior ofcer and he couldn't
help them. He also said that he cannot help as
Hadipora Camp was also of 15 Punjab Regiment. On
the third day the family, went to the Watergam
headquarters of 15 Punjab Regiment, but were not
allowed to meet any senior ofcers, nor were they
allowed to enter the camp. A Sikh soldier at the gate
told them that Ashraf would be released soon. For
about a month, the soldier at the gate kept telling
Ashraf's family that he would be released soon.At
times the soldier told Ashraf's family that he had
crossed the LOC and would return soon. His family
was under the impression that Ashraf might have
gotten injured and might be undergoing treatment in
the army hospital, as the soldier at the gate repeatedly
told them that he would return soon.
After around one week, Ashraf's father went to the
Panzalla Police Station and led an FIR. After
sometime, their neighbor, Ghulam Rasool Lone, who
was an employee in the Srinagar Court suggested to
them that they le a case in the court. He helped
Ashraf's father to le a case in the Court. The case was
transferred to Handwara court and then to Baramulla
Court for a Judicial Enquiry.
After more than a year, Fayaz Wani and Zahoor Teli,
were called to an army camp at Bahrampora, where
they were questioned about Ashraf's arrest. Ashraf's
father had deposed before the District Sessions
Judge, Baramulla and his statements as well as Abdul
Majeed's statements were also recorded. Due to a
strike for two months, the family discontinued to follow
the case.
Once Ashraf's father was taken to Tragpora Camp,
along with the village head. There he was questioned
about the incident and was also offered compensation,
which he refused, as he wanted to know about the
whereabouts of Ashraf, whether he was dead or alive.
To which the ofcers did not respond. Ashraf,
MajeedMalla, and Rasheed were tortured together.
Majeed was released at Laisar Village, where as Abdul
Rashid Ganai, were left at his house where he was
tortured.
The FIR states that Zahoor Ahmad Teli, Fayaz Ahmad
Wani and Mohammad Ashraf Dar, who were seeking
donations for the construction of a mosque, were
th
arrested in the presence of witnesses by the 15
Punjab Regiment, Army, Dangiwacha Camp on 22
May 1994. They were all beaten. Zahoor Ahmad Teli
and Fayaz Ahmad Wani were released but
Mohammad Ashraf Dar was taken to the Dangiwacha
Camp, detained and severely beaten in custody.The
father of Mohammad Ashraf Dar approached the camp
and sought the release of the victim. The personnel at
the camp denied the arrest of the victim. A person
named Abdul Majid Malla, who was also in custody,
was an eye-witness to the beating of Mohammad
Ashraf Dar.
As per an order of the High Court of Jammu and
Kashmir dated 30 May 1995, the case of Mohammad
Ashraf Dar was sent to the District and Sessions
Judge, Baramulla, for conducting an enquiry [this
conrms what the family states in its testimony]. It also
stated that in case the District Judge, during the
preliminary enquiry concluded that the said individual
had been killed in custody, he will get a case registered
against the culprit.
The Ministry of Defence, in its afdavit before the High
Court of Jammu and Kashmir in 2009 on sanctions for