STRUCTURES OF VIOLENCE

188 | Structures of Violence
prosecution under Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA], stated
in relation to this case that it was not received.
The Government of Jammu and Kashmir, in response
to information sought through the Jammu and
Kashmir Right to Information Act, 2009 [RTI] on
sanctions for prosecutions under AFSPA, stated on 6
September 2011 in relation to this case that sanction
was sought on 25 June 2004 and was awaited.
It is noteworthy that it took the Jammu and Kashmir
police and Government of Jammu and Kashmir took
10 years to investigate and process the case for
acquiring sanction for prosecution under AFSPA
which apparently helped the perpetrators in evading
justice.
Further, it needs to be ascertained whether the
Jammu and Kashmir Government has at all sent the
case for sanction for prosecution to the Ministry of
Defence and whether the Ministry of Defence has
misplaced the case le. The Jammu and Kashmir
Police position of 9 January 2014 suggests that the
sanction has yet to be processed.
Atleast after the 2009 afdavit by the Ministry of
Defence, the Jammu and Kashmir Government
should have considered even re-sending the case or
clarifying when and how the case was sent.
In any case, after providing this information before the
High Court of Jammu and Kashmir in 2009 and also in
1994 after the case was led against the personnel of
the army, the Ministry of Defence seems to have cared
very little about 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. 26
Victim Details
Sajad Umar Guroo [Enforced Disappearance]
Son of: Ghulam Mohammad Guroo
Resident of: 157, Rose Lane, Channapora,
Chadoora, Budgam District
Alleged Perpetrators
t h
1. Sub-Inspector [SI] Vinod Kumar, 30
Battalion Border Security Force [BSF], Camp
near Neelam Cinema, Srinagar
Case Information
On 10 June 1994, the BSF was arresting youth in
relation to two grenade explosions at the exhibition
crossing at about 10:45 am.
Sajad Umar Guroo was picked up at about 3:00 pm on
10 June 1994 at the exhibition crossing, Jehangir
th
Chowk, Srinagar by the 30 Battalion BSF while he
was waiting for a bus with his sister Shaheena.
Shaheena chased the vehicle in which the victim was
abducted in an auto rickshaw.
The vehicle entered Neelam Cinema at Shaheed
Gunj, Srinagar, where the BSF was camped.
Shaheena could not enter the camp, which was at that
time headed by SI Vinod Kumar. The victim has
disappeared since.
On the same day at 6:00 pm, SI Vinod Kumar raided
the victim's house and had brought the victim along
with him. An extensive search was conducted but
nothing was recovered.
The police led rst information report [FIR] no.
62/1994 u/s 307 [Attempt to murder] RPC, 3/5 I. Ex.
Act, 3(1) TADA at the Shaheed Gunj Police Station
37
regarding the two grenade explosions .
The Shergari Police Station entered a Daily Diary
report no.19 on 15 June 1994 in relation to the lifting
of the victim. By communication dated 30 November
2013 from the Jammu and Kashmir Police a copy of
the closure report was provided along with
information that the case was closed by declaring
the perpetrators as untraced. By communication
dated 22 April 2014 from the Jammu and Kashmir
Police a copy of the FIR was provided. Names of
militants involved and BSF personnel injured are
provided.
The family of the victim approached the State Human
Rights Commission [SHRC] and a nal decision was
delivered on 20 March 2003. Ex-gratia government
relief of Rs. 1,00,000 and compassionate
employment under SRO-43 [Statutory Rules and
Orders] were recommended.
The family of the victim led a petition before the High
Court of Jammu and Kashmir [habeas corpus petition,
HC 315/1994]. Subsequently, another petition was
led before the High Court [Original Writ Petition
(OWP) 572/2004] for grant of relief/compensation.
Information on the petition numbers was sought
through the Jammu and Kashmir Right to Information
Act, 2009 [RTI] on 2 July 2012. No information was
provided. Information on petition number 572/2004
and 315/1994 was sought on 4 April 2014 as well.
The family of the victim received Rs.1,00,000 exgratia
government relief.
37 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information
was provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November
2014.