STRUCTURES OF VIOLENCE

Recommendations

Info

197 | Structures of Violence though Ghulam Rasool So was present along with the family inside the Police Station. Later, Ghulam Rasool So somehow came to know that Farooq and the other two boys of Soura were in Badami Bagh Cantonment. He informed the families of Javaid and Tariq. Consequently, Bashir Ahmad Bhat and Ghulam Nabi Rather procured permission slips to enter Badami Bagh, where there was a list of disappeared persons; the names of all three boys from Soura were mentioned there. But when the family, along with Bashir Ahmed Bhat and Ghulam Nabi Rather entered, army personnel denied their presence. Then the interviewee lodged an FIR in Soura Police Station again. His son Tariq Ahmad Shalbab followed the case and received Rs. 1 lakh as ex-gratia relief. They have not received a job appointment under SRO 43. The case is in the Deputy Commissioners ofce currently. They said that the meeting to decide on the appointment would be held in September 2014. However, due to the oods, that didn't happen.The family visited the ofce 2-3 times since then but the meeting has still not been held. On le is First Information Report [FIR no. 12/1999] under sections 364 [Kidnapping /Abducting to murder], 346 [Wrongful connement in secret], 302 [murder] Ranbir Penal Code [RPC] dated 12 January 1999 at Kupwara police station. The FIR states that a case of custodial disappearance has been ordered to be led by the High Court against the alleged perpetrator. Information was sought through RTI dated 15 October 2013. By communication 24 December 2013 from Jammu and Kashmir Police a copy of the FIR was provided. By communication dated 25 April 2014 a police communication was also provided that conrmed that the case had been chargesheeted against the alleged perpetrator. Separately, a RTI was led on 18 December 2012 to Jammu and Kashmir Police regarding custodial killings in Jammu and Kashmir between 1989 and 2012. By communication dated 17 January 2013 information was provided that the case was challaned against the alleged perpetrator on 1 August 2001. More recently, further information was sought on this FIR through RTI dated 14 November 2014. By communication dated 10 December 2014 a copy of the FIR and chargesheet were provided. deal with the disappearance against the alleged perpetrator. Progress report of investigation was to be submitted to the High Court. It seems that following this the High Court did order for a FIR to be led. On le is an order by the Judicial Magistrate Kupwara dated 24 June 2004 handing the case le of the current matter over to the army for court-martial because the army has chosen to exercise the court-martial option under the Army Act. On le is a list of the suspects lodged in Badami Bagh Cantonment dated 6 April 1996 and the names of Javaid Ahmad Bhat and Farooq Ahmad Shalbab are on it. But, Javaids name appears to have been struck off whereas there is a tick next to Farooq Shalbab's name. The testimony in the above case, High Court proceedings, and the police investigations themselves have indicted the alleged perpetrator. But, it appears that no court-martial has been concluded. Case No. 33 Victim Details Mushtaq Ahmad Chacha [Enforced Disappearance] Age: 20 Occupation: Labourer Son of: Ghulam Mohammad Chacha, Noora Sabi Resident of: Ali Kadal, Mehrajgunj, Srinagar Alleged Perpetrators st 1. Commandant Dinesh Kotwal, 41 Battalion, Border Security Force [BSF], Camp Karan Nagar st 2. Deputy Commandant Sardar Rai Singh, 41 Battalion Border Security Force [BSF], Camp Karan Nagar st 3. R. S. Khoswa, Head, General Staff, 41 Battalion Border Security Force [BSF], Camp Karan Nagar 4. Superintendent of Police [SP], Criminal I n v e s t i g a t i o n D e p a r t m e n t / C o u n t e r Insurgency Kashmir [CID/CIK], Srinagar, Jammu and Kashmir Police Case Information The High Court information that led to the ling of the above FIR is that the High Court, in writ petition: HCP 116/1996 [Information on the petition number was sought through RTI on 4 April 2014] and 118/1996 [Information on the petition number was sought through RTI on 4 April 2014], ordered judicial enquiry. Judicial enquiry by District and Sessions Judge Kupwara conrmed that the two victims were taken in custody on 26 august 1996. 30 December 1998 order of the judicial enquiry was for registration of the case to Mushtaq Ahmad Chacha was picked up on 9 July 1995 st by the personnel of 41 Battalion BSF at around 11:00 am. The family of Mushtaq Ahmad Chacha states that they met the victim subsequent to his abduction and since then he has disappeared. The family of the victim led a petition before the High Court of Jammu and Kashmir in 1996 [Section 491 Criminal Procedure Code, 1989 (CrPC) petition 46 no. 197/1995, a habaes corpus petition] . ]. In reply 46 Information on the petition number was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 16 February 2012. No information was provided. Information on this petition was sought again on 4 April 2014.
198 | Structures of Violence to this petition, the State of Jammu and Kashmir and the police claimed that Mushtaq Ahmad Chacha was in fact arrested on 12 July 1995 in a case relating to First Information Report [FIR] no. 4/1995 led by the Counter Insurgency Kashmir [CIK], Srinagar and that Mushtaq Ahmad Chacha subsequently escaped on 15 July 1995 for which another FIR was led at Baghyas Police Station, Srinagar as FIR no. 92/1995 u/s 307 [Attempt to murder], 216 [Harbouring an offender] Ranbir Penal 47 Code, 1989 [RPC] . This FIR was led on 23 July 1995, eight days after the alleged escape of the victim from custody. By communication dated 22 April 2014 from the Jammu and Kashmir Police information was provided that this FIR was led at Safakadal [Police Post Bagyas]. Further, that the investigation of the case was earlier concluded as untraced on 26 March 1996 but reopened under the directions of the Additional Sessions Judge, Srinagar. The investigations of the case have been concluded as chargesheeted but the chargesheet in the case has yet to be submitted. Also on record is an order from the District Magistrate, Srinagar addressed to the Commandant, Joint Interrogation Centre [JIC], in-charge, Sanatnagar to allow the victim's [named as: Mushtaq Ahmad Shigan, son of Ghulam Ahmad Shigan, resident of Boniyarbal, Maharaj-Gunj, Srinagar] family to meet him. This order appears to be dated 7 September 1995. This order states that the victim was arrested on 9 July 1995. While there are certain variations in the name of the victim and certain other personal details in this order, it appears to be in relation to the victim as this order was also considered in a subsequent enquiry ordered by the High Court. There is also on record a Public Safety Act, 1978 [PSA] order of 27 September 1995 against the victim by the District Magistrate, Srinagar. Based on the petition led before the High Court, the Court ordered an enquiry by the Additional District and Sessions Judge, Srinagar on 25 February 1997. This enquiry was concluded and a report submitted on 20 July 2000. The nal decision of the High Court was issued on 14 M a y 2 0 0 2 . R s . 1 , 5 0 , 0 0 0 w a s o r d e r e d a s compensation. It was left to the Union of India and the Government of Jammu and Kashmir to recover the amount of compensation from the persons responsible, particularly the SP, CID/CIK, Srinagar. The money was to be paid within three months, subject to extension on sufcient cause. A criminal case was to be registered in case the disappearance was not covered by the existent FIRs and it was to be taken to its logical conclusion as far as possible within four months. The family of the victim received Rs. 1, 50,000 from the BSF following the High Court order. But, the family has not received any compassionate employment under SRO-43 [Statutory Rules and Orders]. The family of the victim also gave a statement to the IPTK on 28 February 2012. At the outset, before considering the enquiry report of 20 July 2000, the sequence of events may be briey considered. First, while the State of Jammu and Kashmir and the Jammu and Kashmir Police claim that the victim was arrested on 12 July 1995, the order of the District Magistrate, Srinagar of 7 September 1995 places the date of arrest as 9 July 1995. Second, while it is claimed that the victim escaped on 15 July 1995, the District Magistrate's order of 7 September 1995 allowing for an interview with the victim and the PSA order of 27 September 1995 would suggest that in fact the victim did not escape and at least until 27 September 1995 remained in custody. The enquiry report by the Additional District and Sessions Judge, Srinagar may now be considered. Before the judicial enquiry, the police [as represented by SP, CID/CIK, Srinagar] stated that the victim was arrested on 12 July 1995 and was detained at the Joint Interrogation Cente [JIC], Fair View, manned by BSF personnel. The police further stated that during interrogation the victim disclosed the names of 2/3 militants in various hideouts in Srinagar. Therefore, on 15 July 1995 the victim was taken out of the lock-up by BSF personnel and taken to the Kani Mazar area in Srinagar city. Subsequently, in that area at about 9:15 pm there was heavy ring and the victim escaped. This was reported to the police by the BSF. Subsequently, an order under the PSA was requested and issued on 27 September 1995 but unexecuted as the victim had escaped. The BSF also presented its version before the enquiry. The BSF stated that the victim was arrested on 9 July 1995 and was taken to the CIK on 10 July 1995 where an FIR was lodged and then was brought back to the TAC Headquarters of the st 41 Battalion BSF. The rest of the BSF version of events closely matches that placed before the enquiry by the police in relation to the events of 15 July 1995 and the escape of the victim. The BSF then states that the area was cordoned off till 11:25 pm to trace and nab the victim. On subsequent days as well efforts were made to nd the victim. This continued until 23 July 1995 when nally the FIR was led. In addition to the contradictions between the versions of the BSF and the police regarding the date of arrest, and the difculty with accepting the version of events on 15 July 1995 in light of the orders of the District Magistrate of 7 and 27 September 1995 and the fact that an FIR for an incident alleged to have happened on 15 July 1995 was only led eight days later on 23 July 1995, the following relevant witness testimony 47 Information on both FIRs was sought through RTI on 5 May 2012. By communication dated 2 June 2012 from the Jammu and Kashmir Police a copy of FIR no.92/1995 was provided. Further information sought through RTI on 15 October 2013 on both FIRs. Further information on FIR no. 4/1995 sought through RTI dated 14 November 2014.
Page 4 and 5:
STRUCTURES OF VIOLENCE THE INDIAN S
Page 6:
We must take sides. Neutrality help
Page 9 and 10:
Testimony 31: Nazir Ahmad Zarger, v
Page 11 and 12:
1 | Structures of Violence ACKNOWLE
Page 13 and 14:
3 | Structures of Violence Context
Page 15 and 16:
5 | Structures of Violence the publ
Page 17 and 18:
7 | Structures of Violence human ri
Page 19 and 20:
9 | Structures of Violence
Page 21 and 22:
11 | Structures of Violence Chart N
Page 23 and 24:
13 | Structures of Violence The str
Page 25 and 26:
15 | Structures of Violence camps,
Page 27 and 28:
17 | Structures of Violence Tapper.
Page 29 and 30:
19 | Structures of Violence HM when
Page 31 and 32:
21 | Structures of Violence and the
Page 33 and 34:
23 | Structures of Violence all thi
Page 35 and 36:
25 | Structures of Violence the tim
Page 37 and 38:
27 | Structures of Violence money.
Page 39 and 40:
29 | Structures of Violence • Moh
Page 41 and 42:
31 | Structures of Violence detaine
Page 43 and 44:
33 | Structures of Violence S.No Na
Page 45 and 46:
35 | Structures of Violence The Tap
Page 47 and 48:
37 | Structures of Violence of the
Page 49 and 50:
39 | Structures of Violence had bee
Page 51 and 52:
41 | Structures of Violence 50,000.
Page 53 and 54:
43 | Structures of Violence rupees
Page 55 and 56:
45 | Structures of Violence investi
Page 57 and 58:
47 | Structures of Violence Year 19
Page 59 and 60:
49 | Structures of Violence Individ
Page 61 and 62:
51 | Structures of Violence Therefo
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
61 | Structures of Violence LIST 2:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
67 | Structures of Violence A NOTE
Page 79 and 80:
69 | Structures of Violence “Oppr
Page 81 and 82:
71 | Structures of Violence Abli Da
Page 83 and 84:
73 | Structures of Violence 36 torc
Page 85 and 86:
75 | Structures of Violence any mil
Page 87 and 88:
77 | Structures of Violence 71 Kuna
Page 89 and 90:
79 | Structures of Violence consist
Page 91 and 92:
81 | Structures of Violence Militar
Page 93 and 94:
83 | Structures of Violence Introdu
Page 95 and 96:
85 | Structures of Violence anyone
Page 97 and 98:
87 | Structures of Violence re tend
Page 99 and 100:
89 | Structures of Violence through
Page 101 and 102:
THE MAP OF SOPORE MASSACRE 6 JANUAR
Page 103 and 104:
94 | Structures of Violence accoste
Page 105 and 106:
96 | Structures of Violence Ahmad D
Page 107 and 108:
98 | Structures of Violence Introdu
Page 109 and 110:
100 | Structures of Violence surviv
Page 111 and 112:
102 | Structures of Violence A brie
Page 113 and 114:
104 | Structures of Violence E. CHI
Page 115 and 116:
106 | Structures of Violence Shakoo
Page 117 and 118:
108 | Structures of Violence before
Page 119 and 120:
110 | Structures of Violence three
Page 121 and 122:
Page 123 and 124:
114 CHAPTER 3: COURTS OF VIOLENCE I
Page 125 and 126:
116 | Structures of Violence in whi
Page 127 and 128:
118 | Structures of Violence Most o
Page 129 and 130:
120 | Structures of Violence countr
Page 131 and 132:
122 | Structures of Violence serve
Page 133 and 134:
124 | Structures of Violence and Ka
Page 135 and 136:
CHAPTER 4: ALLEGED PERPETRATORS - A
Page 137 and 138:
128 | Structures of Violence passag
Page 139 and 140:
130 | Structures of Violence TABLE
Page 141 and 142:
132 | Structures of Violence 61. Ch
Page 143 and 144:
134 | Structures of Violence [subse
Page 145 and 146:
136 | Structures of Violence Army 3
Page 147 and 148:
138 | Structures of Violence Shahpu
Page 149 and 150:
140 | Structures of Violence Border
Page 151 and 152:
142 | Structures of Violence of Pol
Page 153 and 154:
144 | Structures of Violence 763. S
Page 155 and 156: 146 | Structures of Violence 904. M
Page 157 and 158: 148 | Structures of Violence ENFORC
Page 159 and 160: 150 | Structures of Violence
Page 161 and 162: 152 | Structures of Violence PART B
Page 163 and 164: 154 | Structures of Violence is use
Page 165 and 166: 156 | Structures of Violence Allege
Page 167 and 168: 158 | Structures of Violence CRPF b
Page 169 and 170: 160 | Structures of Violence inform
Page 171 and 172: 162 | Structures of Violence The na
Page 173 and 174: 164 | Structures of Violence compas
Page 175 and 176: 166 | Structures of Violence prosec
Page 177 and 178: 168 | Structures of Violence Furthe
Page 179 and 180: 170 | Structures of Violence the di
Page 181 and 182: 172 | Structures of Violence submis
Page 183 and 184: 174 | Structures of Violence that i
Page 185 and 186: 176 | Structures of Violence before
Page 187 and 188: 178 | Structures of Violence subseq
Page 189 and 190: 180 | Structures of Violence The on
Page 191 and 192: 182 | Structures of Violence SHRC.
Page 193 and 194: 184 | Structures of Violence 2001 t
Page 195 and 196: 186 | Structures of Violence on 25
Page 197 and 198: 188 | Structures of Violence prosec
Page 199 and 200: 190 | Structures of Violence father
Page 201 and 202: 192 | Structures of Violence 2013 f
Page 203 and 204: 194 | Structures of Violence dispos
Page 205: 196 | Structures of Violence Chairk
Page 209 and 210: 200 | Structures of Violence on 15
Page 211 and 212: 202 | Structures of Violence and it
Page 213 and 214: 204 | Structures of Violence promis
Page 215 and 216: 206 | Structures of Violence which
Page 217 and 218: 208 | Structures of Violence army h
Page 219 and 220: 210 | Structures of Violence [Numbe
Page 221 and 222: 212 | Structures of Violence The SH
Page 223 and 224: 214 | Structures of Violence Abdul
Page 225 and 226: 216 | Structures of Violence Case N
Page 227 and 228: 218 | Structures of Violence Allege
Page 229 and 230: 220 | Structures of Violence Mohamm
Page 231 and 232: 222 | Structures of Violence 1. Com
Page 233 and 234: eferred to]. - The contention of th
Page 235 and 236: 226 | Structures of Violence Yousuf
Page 237 and 238: 228 | Structures of Violence At abo
Page 239 and 240: 230 | Structures of Violence Ashwan
Page 241 and 242: 232 | Structures of Violence It is
Page 243 and 244: 234 | Structures of Violence Mehraj
Page 245 and 246: 236 | Structures of Violence On 2 M
Page 247 and 248: 238 | Structures of Violence Regime
Page 249 and 250: 240 | Structures of Violence Januar
Page 251 and 252: 242 | Structures of Violence Furthe
Page 253 and 254: 244 | Structures of Violence report
Page 255 and 256: 246 | Structures of Violence 1. M a
Page 257 and 258:
248 | Structures of Violence On 12
Page 259 and 260:
250 | Structures of Violence were t
Page 261 and 262:
252 | Structures of Violence The re
Page 263 and 264:
254 | Structures of Violence over t
Page 265 and 266:
256 | Structures of Violence The 22
Page 267 and 268:
258 | Structures of Violence kidnap
Page 269 and 270:
260 | Structures of Violence - A le
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
266 | Structures of Violence Ghulam
Page 277 and 278:
268 | Structures of Violence His fr
Page 279 and 280:
270 | Structures of Violence killin
Page 281 and 282:
272 | Structures of Violence elsewh
Page 283 and 284:
274 | Structures of Violence Case N
Page 285 and 286:
276 | Structures of Violence were t
Page 287 and 288:
278 | Structures of Violence Case I
Page 289 and 290:
280 | Structures of Violence applic
Page 291 and 292:
282 | Structures of Violence postmo
Page 293 and 294:
284 | Structures of Violence The Go
Page 295 and 296:
286 | Structures of Violence High C
Page 297 and 298:
Page 299 and 300:
290 | Structures of Violence On 7 A
Page 301 and 302:
292 | Structures of Violence The ir
Page 303 and 304:
294 | Structures of Violence abduct
Page 305 and 306:
296 | Structures of Violence was se
Page 307 and 308:
298 | Structures of Violence Allege
Page 309 and 310:
300 | Structures of Violence Occupa
Page 311 and 312:
302 | Structures of Violence incide
Page 313 and 314:
304 | Structures of Violence The Mi
Page 315 and 316:
306 | Structures of Violence th 1.
Page 317 and 318:
308 | Structures of Violence this,
Page 319 and 320:
310 | Structures of Violence The fa
Page 321 and 322:
312 | Structures of Violence The no
Page 323 and 324:
314 | Structures of Violence It was
Page 325 and 326:
Page 327 and 328:
Page 329 and 330:
320 | Structures of Violence statem
Page 331 and 332:
322 | Structures of Violence Abdul
Page 333 and 334:
324 | Structures of Violence the vi
Page 335 and 336:
Page 337 and 338:
328 | Structures of Violence to tak
Page 339 and 340:
330 | Structures of Violence It app
Page 341 and 342:
Page 343 and 344:
334 | Structures of Violence Occupa
Page 345 and 346:
336 | Structures of Violence the en
Page 347 and 348:
338 | Structures of Violence stay w
Page 349 and 350:
340 | Structures of Violence Gund I
Page 351 and 352:
342 | Structures of Violence so for
Page 353 and 354:
344 | Structures of Violence Kuldee
Page 355 and 356:
346 | Structures of Violence accomp
Page 357 and 358:
348 | Structures of Violence The Mi
Page 359 and 360:
350 | Structures of Violence Ghulam
Page 361 and 362:
Page 363 and 364:
354 | Structures of Violence First
Page 365 and 366:
356 | Structures of Violence prosec
Page 367 and 368:
358 | Structures of Violence Nabdi]
Page 369 and 370:
360 | Structures of Violence Superi
Page 371 and 372:
Page 373 and 374:
364 | Structures of Violence at Pol
Page 375 and 376:
366 | Structures of Violence The in
Page 377 and 378:
Page 379 and 380:
370 | Structures of Violence Snober
Page 381 and 382:
372 | Structures of Violence the FI
Page 383 and 384:
374 | Structures of Violence Govern
Page 385 and 386:
376 | Structures of Violence The in
Page 387 and 388:
378 | Structures of Violence conduc
Page 389 and 390:
380 | Structures of Violence 1. Ghu
Page 391 and 392:
382 | Structures of Violence variou
Page 393 and 394:
384 | Structures of Violence Son of
Page 395 and 396:
386 | Structures of Violence and th
Page 397 and 398:
Page 399 and 400:
390 | Structures of Violence Mohamm
Page 401 and 402:
Page 403 and 404:
394 | Structures of Violence author
Page 405 and 406:
Page 407 and 408:
398 | Structures of Violence resist
Page 409 and 410:
400 | Structures of Violence On rec
Page 411 and 412:
402 | Structures of Violence invest
Page 413 and 414:
404 | Structures of Violence and st
Page 415 and 416:
Page 417 and 418:
408 | Structures of Violence Police
Page 419 and 420:
410 | Structures of Violence Once a
Page 421 and 422:
412 | Structures of Violence by the
Page 423 and 424:
414 | Structures of Violence Major
Page 425 and 426:
Page 427 and 428:
418 | Structures of Violence was ap
Page 429 and 430:
420 | Structures of Violence The vi
Page 431 and 432:
422 | Structures of Violence A case
Page 433 and 434:
424 | Structures of Violence Chauha
Page 435 and 436:
426 | Structures of Violence On 30
Page 437 and 438:
428 | Structures of Violence The we
Page 439 and 440:
Page 441 and 442:
432 | Structures of Violence Corres
Page 443 and 444:
434 | Structures of Violence as he
Page 445 and 446:
436 | Structures of Violence ADMITT
Page 447 and 448:
438 | Structures of Violence Once a
Page 449 and 450:
440 | Structures of Violence has ma
Page 451 and 452:
442 | Structures of Violence [RR],
Page 453 and 454:
Page 455 and 456:
446 | Structures of Violence depart
Page 457 and 458:
448 | Structures of Violence and Mo
Page 459 and 460:
450 | Structures of Violence CRPF,
Page 461 and 462:
Page 463 and 464:
454 | Structures of Violence Baramu
Page 465 and 466:
456 | Structures of Violence family
Page 467 and 468:
458 | Structures of Violence employ
Page 469 and 470:
460 | Structures of Violence despit
Page 471 and 472:
462 | Structures of Violence and fa
Page 473 and 474:
464 | Structures of Violence eviden
Page 475 and 476:
466 | Structures of Violence the al
Page 477 and 478:
468 | Structures of Violence to eye
Page 479 and 480:
470 | Structures of Violence not pr
Page 481 and 482:
472 | Structures of Violence jumped
Page 483 and 484:
474 | Structures of Violence Mohamm
Page 485 and 486:
476 | Structures of Violence it is
Page 487 and 488:
478 | Structures of Violence refers
Page 489 and 490:
480 | Structures of Violence Superi
Page 491 and 492:
Page 493 and 494:
484 | Structures of Violence PART D
Page 495 and 496:
Page 497 and 498:
488 | Structures of Violence [Name
Page 499 and 500:
490 | Structures of Violence pertin
Page 501 and 502:
492 | Structures of Violence 1. Maj
Page 503 and 504:
494 | Structures of Violence - The
Page 505 and 506:
496 | Structures of Violence proces
Page 507 and 508:
498 | Structures of Violence The pe
Page 509 and 510:
Page 511 and 512:
502 | Structures of Violence PART E
Page 513 and 514:
504 | Structures of Violence Lettar
Page 515 and 516:
506 | Structures of Violence him fo
Page 517 and 518:
508 | Structures of Violence 1. Mal
Page 519 and 520:
510 | Structures of Violence First
Page 521 and 522:
512 | Structures of Violence activi
Page 523 and 524:
514 | Structures of Violence As per
Page 525 and 526:
Page 527 and 528:
518 | Structures of Violence was a
Page 529 and 530:
520 | Structures of Violence invest
Page 531 and 532:
522 | Structures of Violence After
Page 533 and 534:
524 | Structures of Violence The IP
Page 535 and 536:
Page 537 and 538:
528 | Structures of Violence Ramesh
Page 539 and 540:
530 | Structures of Violence the in
Page 541 and 542:
532 | Structures of Violence house.
Page 543 and 544:
534 | Structures of Violence and so
Page 545 and 546:
536 | Structures of Violence Mujahi
Page 547 and 548:
Page 549:
show all

STRUCTURES OF VIOLENCE

Create successful ePaper yourself

Delete template?

Save as template?