STRUCTURES OF VIOLENCE

193 | Structures of Violence
to do so.
The family went to the BSF Camp at Kant Bagh,
Baramulla to secure the release of the three persons
but the BSF personnel at the camp denied that these
persons were with them. The family paid visits to other
areas, including the Central Jail, Srinagar, the military
and paramilitary camps at Hajin and Naid Khai but did
not nd the three persons.
On the intervening night of 14 and 15 March 1995 the
family heard that Ghulam Mohammad Mir had been
thrown at the Pampore area. On being questioned,
Ghulam Mohammad Mir knew nothing about the
others saying they had been separated and
blindfolded. The following night, Mohammad Ibrahim
Shah was thrown in an area in Islamabad District,
some 40 km from where Ghulam Mohammad Mir was
found. Mohammad Iqbal Shah has never been seen
after 13 March 1995. The family believes that
Mohammad Iqbal Shah and others were picked up
based on a malicious tip-off by a person named
Ghulam-Mohi-Ud-Din, who was involved with
militancy in the area and who had had a scufe with
Mohammad Iqbal Shah previously.
From 13 March 1995 to date, the family of Mohammad
Iqbal Shah led four writ petitions before the High
Court of Jammu and Kashmir and one complaint
before the State Human Rights Commission [SHRC].
The rst petition [habeas corpus petition, HCP
173/1995] was led to seek the High Court's
intervention in registering a case against the alleged
perpetrators of the crime.
The High Court ordered an enquiry by the Sessions
Judge, Baramulla on 16 July 1996, and based on
rd
this report which indicted the 163 Battalion BSF for
the disappearance of the victim, on 6 April 1999,
more than four years after Mohammad Iqbal Shah
disappeared, directed the police to le a First
Information Report [FIR] against the BSF
41
responsible for the disappearance . The enquiry
report conrms the abduction and disappearance of
the victim. Further, Deputy Commandant M. C.
rd
Halder, 163 Battalion BSF, conrmed that he was
posted in Baramulla from October 1993 to October
1997. It was stated that the residence of the victim
was not within his jurisdiction. Assistant
rd
Commandant J.N.Singh, 163 Battalion BSF stated
that on 13 March 1995 he was posted at the
Matches Factory, Baramulla, his jurisdiction was
restricted to Baramulla town, and that on that day
the victim was not arrested by his battalion. The
judicial enquiry did not accept this contention and
rd
stated that the 163 Battalion BSF would need to
explain the disappearance of the victim.
Consequently, FIR no. 88/1999 u/s 346 [Wrongful
connement in secret] Ranbir Penal Code, 1989
42
[RPC] was led at the Baramulla Police Station .
By communication dated 22 May 2012 from the
Jammu and Kashmir Police information was
provided that the case was under investigation. By
communication dated 22 April 2014 from Jammu and
Kashmir Police information was provided that the
case had been closed as challaned and that the
case le had been sent to Home Department for
accord of sanction. Further, it was stated that
sanction had not been received from the home
department. By communication dated 6 January
2015 information was provided that the status
remains the same.
In 1999, the family of Mohammad Iqbal Shah
approached both the SHRC and the High Court. The
SHRC issued its decision on 4 January 2000 where
it conrmed the disappearance of the victim by the
rd
163 Battalion BSF and recommended
compensation of Rs. 3, 00,000 to the family of the
victim. Service Writ Petition (SWP) no. 1734/1999
was led before the High Court for ex-gratia
government relief and compassionate employment
43
under SRO-43 [Statutory Rules and Orders] . The
nal order in this case was issued on 5 March 2005
in favour of the family of the victim. Subsequently, on
the non-implementation of both orders, another
application was led before the SHRC and a
contempt petition was led before the High Court
44
[no.130/2005] . The petition before the High Court
was disposed off on 5 February 2008 following an
agreement between the parties that the reason for
delay was that the victim's family had not completed
the necessary formalities for compassionate
employment under SRO-43 [Statutory Rules and
Orders]. The SHRC disposed off the application
before it on 28 May 2002 and stated that it could not
implement its own recommendations.
On 13 March 2002 the family of Mohammad Iqbal
Shah was provided with ex-gratia government relief of
Rs.1, 00,000.
The third petition [Original Writ Petition (OWP)
553/2001] before the High Court was led in order to
accelerate the process of sanction for prosecution
under the Armed Forces (Jammu and Kashmir)
Special Powers Act, 1990 [AFSPA]. The Union of India
and the alleged perpetrators denied the allegations.
The court issued an order on 4 September 2004
41 Information on the petition number was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 16 February
2012. Information was provided.
42 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. Further
information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
43 Information on the petition numbers was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012.
Information was provided.
44 Information on the petition numbers was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012.
Information was provided