STRUCTURES OF VIOLENCE

207 | Structures of Violence
Territorial Army. Further, it is stated that the victim
was picked up from the house of one Salaam
Gosami at Boat Colony, Bemina, Srinagar. By
communication dated 22 April 2014 from the Jammu
and Kashmir Police information was provided that
investigations were concluded against the accused
persons, and the court issued non-bailable warrants
and police were deputed for execution of the
warrants but the accused were not found at home.
Their whereabouts are still unknown.
The family of Shabir Hussain Bhat led a petition
before the High Court of Jammu and Kashmir
[habeas corpus petition, Section 491-A Criminal
54
Procedure Code, 1989 (CrPC) 152/1996] . An
afdavit was led on behalf of Commandant S. R.
Thakar which stated that Commandant S. R. Thakar
did not arrest Shabir Hussain Bhat, and neither was
he required by the unit at the relevant time. The
investigation agency produced the case diaries
which reveal that Commandant S. R. Thakar was a
Captain at the relevant time and had abducted
Shabir Hussain Bhat. The complainant had identied
Commandant S. R. Thakar in the FIR, but the
investigations were ongoing. On 24 June 1997 the
High Court transferred the case le to the Chief
Judicial Magistrate [CJM], Srinagar to monitor the
investigations. The nal order of the CJM, Srinagar
was issued on 18 March 2002. Based on this order,
the High Court dismissed the petition on 30 April
2002.
The only document available on record for the purpose
of analysis is the CJM, Srinagar order of 18 March
2002.
The order begins by noting that a chargesheet had
been led against Commandant S. R. Thakar u/s 364
[Kidnapping/Abducting to murder], 302 [Murder],
201[Causing disappearance of evidence/giving false
information] Ranbir Penal Code, 1989 [RPC]. Based
on this, the order concluded that there was nothing
further to monitor. A few references in the order may be
considered:
- The order refers on occasion to the arrest of
Shabir Hussain Bhat being on 26 June 1996, while
initially noting that the arrest was in fact on 27 April
1996.
- On 14 March 2002 a statement of the Station
House Ofcer [SHO] Parimpora Police Station
was recorded. In addition to a chargesheet had
been led, it was stated that the case was required
to be forwarded to Senior Superintendent of Police
[SSP], Srinagar for obtaining the sanction for
prosecution, under the Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA] from
the competent authority.
- The statements of witnesses recorded under
Section 161 [Examination of witnesses by police]
Criminal Procedure Code, 1989 [CrPC] conrm
the abduction of Shabir Hussain Bhat by
Commandant S. R. Thakar.
- Commandant S. R. Thakar is “reported to
have been cashiered from the army and his arrest
at no point of time has been made by the
Investigating Agency during the course of
investigation.”
As the chargesheet led against Commandant S. R.
Thakar is not with the IPTK, the order and the relevant
parts referred to above, serve as a useful indicator of
the indictment against Commandant S. R. Thakar.
This case serves as another example of the delays in
investigation and the ineffectiveness of the CJM,
Srinagar in meaningfully monitoring the investigations.
Despite the statement of the SHO Parimpora Police
Station of 14 March 2002 that the case was forwarded
to the SSP, Srinagar ofce for obtaining sanction, it
requires to be investigated on whose direction for
more than ten years the Jammu and Kashmir
Government has not sent this case for obtaining
sanction for prosecution under AFSPA as evidenced
by the ofcial documents available. Further, the
Jammu and Kashmir Police, until April 2014,
contradictorily suggests that the case continues to be
under investigation. As per the most recent update, it
appears that the accused are absconding despite nonbailable
warrants being issued. Further, it needs to be
ascertained why the FIR in the case was led seven
months after the incident. Finally, the available
documents do not suggest that even a Court-Martial
was conducted in this case by the army.
Case No. 39
Victim Details
Imtiyaz Ahmed Wani [Enforced Disappearance]
Age: 22
Occupation: Gardener, Forest Department
Son of: Gulla Wani
Resident of: Ikhrajpora, Rajbagh, Srinagar
Alleged Perpetrators
rd
1. Major Avtar Singh, 103 Battalion Territorial
Army, deployed at Rawalpora, Srinagar
2. Mohammad Ashraf Khan [Operational names
Umar / Bhai Jan], son of Habibullah Khan,
Government Gunman [Ikhwan]
Case Information
On the intervening night of 15 and 16 May 1996 at
about 9:45 pm security personnel and Ikhwan raided
the house and picked up Imtiyaz Ahmed Wani. The
54 Information on the petition number was sought through RTI on 2 July 2012. Information was provided.