STRUCTURES OF VIOLENCE

206 | Structures of Violence
which information was received that Ghulam Mohi ud
din Dar was at a hospital in Handwara. Ghulam Mohi
ud din Dar informed the family of Ali Mohammad Dar
that for the rst night they were severely tortured on an
allegation of having links with militants which the
victims denied.
On 4 March1996 they were taken to the Batpora
jungle. In the jungle there was ring and Ghulam
Mohiuddin was able to escape. He had no further
information on Ali Mohammad Dar who has
disappeared since.
Based on available information a FIR was led and a
petition was led before the High Court.
The family of Ali Mohammad Dar received
Rs.1,00,000 ex-gratia government relief but no
compassionate employment under SRO-43
[Statutory Rules and Orders].
The State Human Rights Commission [SHRC] was
approached and issued its nal decision on 9
September 2009.
The family of Ali Mohammad Dar before the SHRC
stated that they had no information on the identity of
the armed men who took the victim but stated that
they were from the Magam army camp. Ghulam
Mohiuddin Dar referred to the 24 RR from Batapora
Camp and his story matched the allegations of the
family of Ali Mohammad Dar. The additional detail that
he provided before the SHRC was that during the
patrol Ali Mohammad Dar was made to walk in front of
the patrol party.
The Director General of Police [DGP], Jammu and
Kashmir, endorsed a report of the Inspector General
of Police [IGP], Kashmir which stated that the two
victims were taken by the army during a crackdown on
3 March 1996. They were taken to a nearby forest
where there was cross ring with militants. Ghulam
Mohiuddin Dar managed to escape but there is no
information on what happened to Ali Mohammad Dar.
The police stated that they had received information
that Ali Mohammad Dar was not involved in any
subversive activities.
The SHRC in its nal decision accepted that Ali
Mohammad Dar was innocent with no links to militant
activities, and presumed that he died in the forest
during the patrol. The SHRC recommended that
relief/compensation be provided to the family of Ali
Mohammad Dar.
It is unfortunate that the SHRC did not condemn the
actions of the army who appear to have used innocent
civilians as human shields during an operation.
Further, no inquiry appears to have been made on any
torture during the incident.
There also exists no information on record on whether
any investigations or prosecutions were conducted by
the Jammu and Kashmir Police despite a clear
indictment from the SHRC and the police accepting
that the victim was in the custody of the army. The
burden must lie on the army to prove that Ali
Mohammad Dar was not killed in their custody.
The Ministry of Defence seems to have cared very
little about the SHRC order, the Jammu and Kashmir
Police investigations or in instituting a process for
delivering justice.
The available documents do not suggest that even a
Court-Martial was conducted in this case by the army.
Case No. 38
Victim Details
Shabir Hussain Bhat [Enforced Disappearance]
Son of: Ghulam Mohammad Bhat
Resident of: Chattabal Mohalla, Patlipora Payeen,
Srinagar
Alleged Perpetrators
1. Commandant [Colonel / Commanding
Ofcer] S. Raman Thakur [also referred to as
nd
st
“Thakar”], 2 Battalion Garhwal Ries / 121
st
Battalion Garhwal Ries / 121 Battalion
Territorial Army [all three units are referred to
in the documentation], Army, Camp
Sharifabad
Case Information
On 27 April 1996 Shabir Hussain Bhat was picked up
nd
st
by personnel of the 2 Battalion Garhwal Ries / 121
st
Battalion Garhwal Ries / 121 Battalion Territorial
Army [all three units are referred to in the
documentation] Sharifabad from his residence during
a search operation and he has disappeared since.
The personnel responsible for the abduction were
under the command of Commandant S. Raman
Thakar.
First Information Report [FIR] no. 255/1996 u/s 364
[Kidnapping/Abducting to murder] Ranbir Penal
Code, 1989 [RPC] was led at the Parimpora Police
53
Station on 26 November 1996 . The 7 August 2012
communication of the Jammu and Kashmir Police
states that this case is under investigation. By
communication dated 30 November 2013 this
position was re-iterated. The FIR refers to the
st
abduction being carried out by the 121 Battalion
53 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012. By
communication dated 7 August 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought
through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.