STRUCTURES OF VIOLENCE

203 | Structures of Violence
perhaps listed as “Abdullah Rather”].
The family of the victim did not receive any
relief/compensation. The family heard that Major
Bakali was killed in an encounter in 1997 at Khumriyal,
Lolab.
The family of the victim was also harassed subsequent
to the abduction and disappearance of the victim. In
1997, the victims brother – Ghulam Mohi-ud-din Bhat,
and the victims wife – Saja, were travelling to the High
Court, Srinagar, from Kupwara. The bus they were
travelling in was stopped by the army personnel.
Ghulam Mohi-ud-din was asked to show his identity
card. They were then taken to the Cherkote army
camp. At the camp, a Sikh Major asked Ghulam Mohiud-din
about his brother Bashir and where the
ammunition was. Ghulam Mohi-ud-din responded by
stating that the army had his brother and where could
he get ammunition from. Meanwhile, Saja returned to
the village and informed people about what was
happening. The villagers held a sit in at Cherkote and
demanded Ghulam Mohi-ud-din's release. Then, a
Brigadier from the Cherkote army camp intervened.
He once again asked Ghulam Mohi-ud-din whether he
had any ammunition of his brother. Ghulam Mohi-uddin
stated that when his brother surrendered he
handed over everything to Major Bakali. The Brigadier
then called Major Bakali, who was then at Panzgam
where the headquarters of 12 MLI was. After a
conversation on the phone, Ghulam Mohi-ud-din was
released. He had been detained for the whole day and
only released at 5:00 p.m. Ghulam Mohi-ud-din states
that on that day he was the only one to be arrested
from the bus as he was pursuing the case of his
brother. Ghulam Mohi-ud-din believes that there was a
more sinister intention then just to harm him. He
believes that because of the sit in and because of the
intervention of the Brigadier, the Sikh Major had to
make up a story of ammunition which was
subsequently claried. Three to four months later,
Major Bakali was transferred out of Kuligam camp.
The family of the victim gave a statement to the IPTK
on 13 November 2013.
FIR no.38/1996 u/s 346 [Wrongful connement in
secret] Ranbir Penal Code, 1989 [RPC] was led at the
Lalpora Police Station on 12 March 1996. Information
on this FIR was sought through the Jammu and
Kashmir Right to Information Act, 2009 [RTI] on 15
October 2013. By communication dated 25 April 2014
from the Jammu and Kashmir Police a copy of the FIR
and police correspondence was provided. Further
information sought through RTI dated 14 November
2014. By communication dated 10 December 2014 the
police stated that investigations have not led
anywhere and the case was closed on 13 December
1997.
The family of Bashir Ahmad Bhat led a petition
before the High Court of Jammu and Kashmir
[habeas corpus petition, Section 491 Criminal
49
Procedure Code, 1989 (CrPC) 134/1997] . The
respondents to the petition, the Government of
Jammu and Kashmir, Director General of Police
[DGP], Jammu and Kashmir and Station House
Ofcer [SHO], Lalpora Police Station, denied the
arrest and custody of Bashir Ahmad Bhat. On 7
December 1999 an enquiry was ordered, and was
conducted by the Principal Sessions Judge,
Kupwara. The judicial enquiry was concluded on 15
May 2002. On 10 July 2003, the High Court directed
the Senior Superintendent of Police [SSP], Kupwara
to indicate the progress of investigations. On 28
September 2004, despite the High Court noting that
there had been no substantive progress in the
investigations, the petition was dismissed with an
order that investigations be expedited.
The document on record that may be analysed in the
instant case is the enquiry report of the Principal
Sessions Judge, Kupwara.
The enquiry report begins by stating that the Public
Prosecutor led objections on behalf of the
respondents and the Commanding Ofcer who
headed the 12 MLI Army at the relevant time. It was
stated in these objections that Bashir Ahmad Bhat was
never apprehended by the State agencies or
Commanding Ofcer, 12 MLI. Bashir Ahmad Bhat was
a surrendered militant as per the record maintained by
the Company and he had volunteered to work as a
source for the army and on his instance one pistol with
magazine and six live rounds of cartridge were
recovered. The petitioner [father of Bashir Ahmad
Bhat] in the case produced four witnesses, in addition
to his own testimony. The relevant evidence is
summarized as follows:
- Jabar Khan, Chowkidar of the concerned
area, stated that he saw the armed forces of 12
MLI stationed at Mirgund, Kuligam, Lolab, while
they were taking away Bashir Ahmad Bhat to the
concerned camp. Major S. A. Bakali was incharge
of the camp and his ofce was functioning in a
private house belonging to one Mir Abdullah. On
the following day, the witness accompanied the
petitioner and others to the camp and requested to
see Bashir Ahmad Bhat. They were “rebuffed” and
sent back. Bashir Ahmad Bhat has not been since
then.
- Abdullah Rather, the headman of the village,
stated that he had spotted the armed forces of 12
MLI cordoning the house of the petitioner and then
apprehending Bashir Ahmad Bhat. Bashir Ahmad
Bhat was taken to the “camp located at Kuligam”.
The witness accompanied others to the camp and
asked for reasons of the arrest. They were
directed to visit the camp on the next day. On the
following day, on visiting the camp, they were not
allowed to see Bashir Ahmad Bhat. But, they were
49 Information on the petition number was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012.
Information was provided.