STRUCTURES OF VIOLENCE

191 | Structures of Violence
Ghulam Hassan Baba on 7 July 1994. Further, that
Ghulam Hassan Baba was not a militant but an
Imaam [Mosque priest].
The petitioner [Saja], wife of Ghulam Hassan Baba,
stated that on 7 July 1994 army personnel in civilian
dress abducted Ghulam Hassan Baba. Since that day,
she had not seen Ghulam Hassan Baba.
The enquiry also considered the afdavit of
Mohammad Yousuf Sheikh which states that he had
been arrested by the Commanding Ofcer R.K. Singh
on “15 June 1994” and released on “27 April 1994”.
Further, that Ghulam Hassan Baba was also arrested
by the same army unit. The enquiry judge found this
afdavit to support the petitioner's case and concluded
that Ghulam Hassan Baba was abducted by the
Commanding Ofcer R.K. Singh on 7 July 1994 and
initially lodged at the Aishmuqam Camp and then
shifted.
The enquiry report clearly indicts Commanding Ofcer
R. K. Singh but two comments need to be made:
- While it is mentioned that the FIR refers to the
Commanding Ofcer R.K. Singh, none of the
witnesses before the enquiry judge refer to him
- The afdavit of Mohammad Yousuf Sheikh, as
summarized by the enquiry judge, does indict
Commanding Ofcer R. K. Singh but the dates of
his own arrest as mentioned in the enquiry report
appears to be incorrectly noted by the enquiry
judge.
This case serves as another example of a delayed
judicial process that took seven years to indict
Commanding Ofcer R. K. Singh.
The delayed enquiry report apparently did not result in
any further action or prosecution as this case nds no
mention in the ofcial documents related to cases sent
by the Jammu and Kashmir Government for acquiring
prosecution sanction under the Armed Forces (Jammu
and Kashmir) Special Powers Act, 1990 [AFSPA].
Signicantly, the Union of India, by choosing not to
engage with the judicial enquiry, has attempted to
undermine the process of justice and has displayed its
non-seriousness to accountability.
Further, the available documents do not suggest that
even a Court-Martial was conducted in this case by
the army.
Case No. 29
Victim Details
Mushtaq Ahmad Wani [Enforced Disappearance]
Age: 26
th
Occupation: 10 Standard student, Government
Higher Secondary School, Hirri Trehgam [upto
November 1993]
Son of: Abdul Sattar Wani
Resident of: Hayan, Kupwara District
Alleged Perpetrators
1. Naib Subedar Laxman Singh, 3 Grenadiers,
Army, Camp Zurhama
2. P o s t C o m m a n d a n t N i k h i l Ti w a r i , 3
Grenadiers, Army, Camp Zurhama
Case Information
On record is a letter dated 5 September 2009 from the
Station House Ofcer [SHO], Trehgam Police Station,
to the Deputy Superintendent of Police [DSP], Police
Headquarters, Kupwara that provides the following
information on the instant case:
- Mushtaq Ahmad Wani was picked up by some
soldiers travelling in an army vehicle on 24
August 1994 as he was waiting at the Hayan
bus stop.
- On 25 August 1994 a missing report was led
by Mushtaq Ahmad Wani's father at the
Trehgam Police Station vide Daily Diary
no.22.
- On 28 August 1994, Naib Subedar Laxman
Singh led a written report that on 27 August
1994 the 3 Grenadiers arrested Mushtaq
Ahmad Wani and arms and ammunitions were
recovered. Based on this report, First
Information Report [FIR] no.126/1994 u/s 3
[Licence for acquisition and possession of re
arms/ammunition]/25 [Punishment for certain
offences] Arms Act, 1959 was led at the
Trehgam Police Station. On the same day
another written report was led by Naib
Subedar Laxman Singh at the Kralpora Police
Post that Mushtaq Ahmad Wani took the army
troops to a hide-out on a hill near Zurhama
and then managed to escape. The
investigation in this FIR was ultimately closed
by declaring the perpetrators as untraced on 2
September 1997.
- On 1 September 1994, Post Commandant
Nikhil Tiwari, camped at Zurhama, led a
written report at the Trehgam Police Station
that ring took place near the Zurhama post
with militants, one of them being Mushtaq
Ahmad Wani, on that day. FIR no.133/1994
u/s 307 [Attempt to murder] Ranbir Penal
Code, 1989 [RPC] and 3/25 Arms Act was
registered at the Trehgam Police Station. But,
the inhabitants of the area stated that no such
ring had taken place in the area on that day.
Based on this information, the investigation
was closed by declaring the perpetrators as
untraced.
- The family of Mushtaq Ahmad Wani received
Rs.1,00,000 ex-gratia government relief.
Information on the FIR's 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