STRUCTURES OF VIOLENCE

210 | Structures of Violence
[Numberdar, de facto revenue authority in the
village], stated that following the Akbar's
arrest in November 1996, he saw the victim at
the Raj Ries army camp at Palhallan,
Pattan. The witness testied that Major Sinah
told him that the victim would be released
provided he handed over a pistol. The
witness than spoke to the victim and asked
him to hand over the pistol. The victim denied
having any pistol with him. The witness than
stated that the army spread a rumour in the
camp that the victim had escaped on 28
November 1996.
- Witness Abdul Gaffar Kochey [his relation to
the victim or his position in general is not
mentioned] stated that Akbar was not
involved in any militancy activities. He
testied that the victim was arrested on 28
November 1996 by the Raj Ries at
Palhallan, Pattan. The witness stated that
Major Sinah permitted them to meet the
victim in the camp in the evening of 28
November 1996. Major Sinah said that had
Akbar handed over the pistol he would have
been released. The victim denied having a
pistol. The victim has not been seen
thereafter.
- Witness Ghulam Mohi-ud-Din stated that in
the evening of 28 November 1996 he was in
the house of the victim. The army surrounded
the house and Major Sinah was the ofcer
who then took away Akbar.
- Witness Mohammad Subhan Rather, father
of Akbar, testied that on 28 November 1996,
Major Sinah took away my son and since then
he has not been seen.
Before considering the conclusions of the Sessions
Judge, a few comments may be made on the above
testimony:
- Witness Kamal-ud-Din's testimony conrmed
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the arrest of Mohammad Akbar by the 8
Battalion Raj Ries and Major Sinah. The
witness is unclear on the specic date of the
arrest [“November 1996”] and this might
explain his placing the alleged escape of the
victim on the 28 November 1996. The family
of the victim places it on 30 November 1996,
based on rumours they claimed were spread
by the army.
- Witness Abdul Gaffar Kochey's testimony
strongly corroborates the above testimony.
Further, his testimony also corroborates the
family account of Mohammad Akbar that they
met with the victim on the evening of his
arrest.
- Witness Ghulam Mohi-ud-Din's testimony is
crucial as it corroborates Akbar's family
version of events at their house on 28
November 1996, and implicates the Major
Sinah in the arrest of the victim.
No evidence was brought in rebuttal by the
respondents before the inquiry. The Sessions Judge,
based on the above testimony conrmed the role of
Major Sinah in the arrest of the victim and stated that
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“it is therefore established that 8 Battalion of Raj
Ries which was camped at Palhallan Pattan in
November 1996 has arrested the said Mohammad
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Akbar Rather and it is the 8 Battalion Raj Ries which
has to account for his disappearance.”
Therefore, in the instant case, the role of the army is
clear. The specic ofcer involved is also clearly
indicted by the inquiry.
What is unfortunate therefore is that thirteen years
following this inquiry, it appears no legal action has
been taken against Major Sinah despite the High
Court order that the investigations were to be
completed in six months.
The available documents do not suggest that even a
Court-Martial was conducted in this case by the army.
A barely legible letter dated 22 June 2009 from the
Station House Ofcer [SHO], Pattan Police Station, to
the Sub-Divisional Police Ofcer, Pattan, is also
available. This letter appears to state that
investigations conrmed the arrest of the victim by the
army, camped at Palhallan, on 28 November 1996.
Further, there appears to be a reference to Major
Sinah as being the in-charge of the camp, but the copy
of the letter available, being illegible, makes it difcult
to be denite. The letter then goes on to state that the
army was not cooperating with the investigation,
which was therefore closed by declaring the
perpetrators as untraced in 2005 but then reopened
once again and is ongoing.
Case No. 41
Victim Details
Muzamil Ahmad Chasoo [Enforced Disappearance]
Age: 16
Occupation: Working in a pharmaceutical agency and
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a 9 Standard student
Son of: Mohammad Sha Chasoo, Afroza
Resident of: Dabtal Syed, Hamidpora, Nawa Bazar,
Srinagar
Alleged Perpetrators
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1. Commandant, 9 Battalion Border Security
Force [BSF], Camped at Mamta Hotel [as of
February 1997]
Case Information
Muzamil Ahmad Chasoo was picked up by the
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Commandant of the 9 Battalion BSF a year prior to
the incident but was then released as there was no
allegation against him.