STRUCTURES OF VIOLENCE

204 | Structures of Violence
promised that he would be set free. Bashir Ahmad
Bhat has not been since then.
- Ahmad Mir and Mohammad Yousuf,
neighbours of the petitioner, stated that Bashir
Ahmad Bhat was arrested from his house by
security forces belonging to the 12 MLI headed by
Major S. A. Bakali and was lodged “in army camp
at Kuligam”. Despite several requests by the
village community the security forces refused to
set him free. Bashir Ahmad Bhat has not been
since then.
In rebuttal, Colonel P. K. Saniyal appeared in court
and produced the surrender certicate of Bashir
Ahmad Bhat. The witness stated that on 25 November
1995 he was posted as Commanding ofcer of 12 MLI
headquartered at Panzgam, Kuligam. Bashir Ahmad
Bhat was never arrested. The surrender certicate
was issued by Major S. A. Bakali [now deceased]
under his directions. The certicate stating that Bashir
Ahmad Bhat “led to recovery of pistol by C-Company
12 Maratha” was also conrmed to be correct. Bashir
t h
Ahmad Bhat had surrendered before the 4
Grenadiers in September/October 1995 and had
agreed to work as a source with that unit initially and
then 12 MLI. It was under the command and
supervision of 12 MLI that Bashir Ahmad Bhat led the
personnel to the recovery of a pistol with magazine
and six live rounds. But, the victim was not under the
custody of the Company headed by the witness and
was allowed to move freely. Information was
maintained on all surrendered and active militants
and Bashir Ahmad Bhat details may also be in these
records. But, since the witness had shifted from the
relevant place in August 1999 the record was not “in
his reach”.
The enquiry report noted that “despite availing several
opportunities” the Public Prosecutor had failed to
persuade the armed forces stationed at Kuligam to
provide the record referred to by alleged perpetrator
Colonel P. K. Saniyal in court. The enquiry report then
stated that it is established beyond doubt that the
victim enjoyed a “duciary relationship” with the army
personnel of 12 MLI. This relationship was considered
to be of an “un-ending nature and persons situated in
these circumstances cannot avoid to be at beck and
call of the security forces as, when and wherever so
required and denial thereof could prove disastrous for
them”. The enquiry report further stated that “this is yet
another case which speaks volumes about apathy of
the state functionaries as concerned authorities have
not ventured to locate the arrested person as under
law and directions of the Apex court”. The enquiry
report also gave consideration to the fact that the
record referred to by Colonel P. K. Saniyal was not
produced in court. The enquiry report therefore found
that the case of the petitioner was made out.
The enquiry report, while stating that the petitioner
testied, does not produce the summary of the
testimony. The enquiry report is a strong indictment of
both alleged perpetrators. While admittedly it is
unclear, based on only the enquiry report, if either of
the two alleged perpetrators had actual knowledge of
the abduction of Bashir Ahmad Bhat. But, as persons
directly in command of the 12 MLI army, and
seemingly in control of Bashir Ahmad Bhat, the
alleged perpetrators appear culpable in the
disappearance of Bashir Ahmad Bhat. Further, the
familys version of events, clearly indicts Major Bakali.
But, despite the passage of 17 years there appears to
have been no progress on investigations or
prosecutions. The High Court is also answerable for
this delay especially considering that it limited to
merely noting that investigations were not
progressing when it chose to dismiss the petition.
Finally the police closed the investigations. Further,
the available documents do not suggest that even a
Court-Martial was conducted in this case by the army.
Case No. 36
Victim Details
A b d u l H a m i d D a r [ To r t u r e a n d E n f o r c e d
Disappearance]
Age: 30
Occupation: Tailor
Son of: Ghulam Mohammad Dar
Resident of: Pehliharan, Gulistan, Sheeri, Baramulla
District
Alleged Perpetrators
1. Captain Satish S. Kakray, 28 Rashtriya Ries
[RR], Army, Camp Sheeri
2. Lance Naik [Lance Corporal] Danpath Singh,
28 Rashtriya Ries [RR], Army, Camp Sheeri
Case Information
On 29 December 1995, Abdul Hamid Dar was picked
up at about 7:30 pm by army personnel of the 28 RR
led by Captain Kakray from his residence. On the
following day, the family of Abdul Hamid Dar went to
the Sheeri Camp where the army personnel denied
his custody.
Subsequently, on visiting the Boniyar Camp, the army
personnel admitted that the victim had been arrested
and allowed the family of the victim to meet with him.
On 8 January 1996, the family of the victim met with
him. Subsequently, after one week, the family states
that Abdul Hamid Dar was brought to the Sheeri
Police Station and the Station House Ofcer [SHO]
was told to take the victim. Seeing the critical state of
Abdul Hamid Dar, the SHO refused. Abdul Hamid Dar
has disappeared since.
The family of Abdul Hamid Dar gave a statement to
the IPTK on 20 February 2012.
First Information Report [FIR] no.36/1996 u/s 346
[Wrongful connement in secret] Ranbir Penal
Code, 1989 [RPC] was led at the Sheeri Police