STRUCTURES OF VIOLENCE

215 | Structures of Violence
started to live the life of a common man.
The next day, the family went to the Batamaloo Police
Station and lodged a report but for two years the family
was not given the copy of the police report. Only after
two years were they given a copy after they used some
inuence. The family states that they also went to the
20 Grenadiers Camp but the army did not allow them
inside the camp. The family states that they were
beaten by the army since they were making rounds of
the camp. The family talked to Commanding Ofcer
S.K.Malik but he denied that the victim had been
arrested. The family states that the army took
Rs.15,000 and promised that the victim would be
released but to no avail. The army initially
acknowledged that Mehraj ud din Dar had been picked
up by them but later retracted their statement.
The family of Mehrajuddin Dar also states that one
Sajad Ahmad, resident of Zainadhar Mohalla,
Habbakadal, took about Rs. 6,00,000 from the family
on different occasions on the promise of assisting in
the release of Mehrajuddin Dar. Further, Sajad Ahmad
also falsied documents from jail authorities and army
units to convince the family that he knew the
whereabouts of the victim.
The family of Mehrajuddin Dar gave a statement to the
IPTK on 27 February 2012.
First Information Report [FIR] no. 3/2001 u/s 364
[Kidnapping/Abducting to murder] Ranbir Penal
Code, 1989 [RPC] was led at the Batmaloo Police
61
Station on 5 January 2001 . By communication
dated 30 November 2013 from the Jammu and
Kashmir Police it was stated that the case was under
investigation.
The family of Mehrajuddin Dar led a petition before
the High Court of Jammu and Kashmir [habeas
corpus petition, Section 491 Criminal Procedure
62
Code, 1989 (CrPC) no.13/1999 ].
On 7 November 2000 the High Court ordered that a
FIR be registered and investigations carried out.
Based on this, the above referred FIR no.3/2001
was lodged.
The FIR states that the contention of the family of the
victim was that Mehrajuddin Dar was picked up on the
intervening night of 19 and 20 April 1997. This leads to
a slight discrepancy with the recent statement given by
the family of Mehrajuddin Dar. As per the FIR, the 20
Grenadiers denied the charges before the High Court
and denied that any search operation had even taken
place.
The following information, based on a report entitled
“In search of vanished blood: the writ of habeas
corpus in Jammu and Kashmir: 1990-2004” may be
63
considered :
“In their reply to this petition, the 20 Grenadiers denied
Mehrajuddin's arrest and, denied that they had carried
out any operation in his locality on the date of his
alleged arrest. In November 2000 the Court disposed
of the petition with a direction to the police to register a
case regarding Mehrajuddin's disappearance and, to
le a report regarding the progress in the investigation
after six months. This order was not complied with”.
Further, the report states that Major Vishwajeet Singh
was awarded the 'Ati Vishisht Sewa' medal by the
Government of India in 1998.
Also of interest is a letter dated 9 February 2007 from
the family of Mehrajuddin Dar to the Station House
Ofcer [SHO], Batamaloo Police Station where
reference is made to the raiding party and in addition to
Major Vishwajeet Singh and Naib Subedar Nazahar
Mohammad, reference is made to: “Kuladi, Kalla and
Captain Anil Malik”. But, in the recent statement given
to the IPTK these names are not mentioned.
Of further interest, and indicting the 20 Grenadiers, is a
letter dated 20 March 2003 from the Senior
Superintendent of Police [SSP], Srinagar to the District
Magistrate, Srinagar that states that a report from the
SHO, Batamaloo Police Station conrms that the 20
Grenadiers were involved in the arrest of Mehrajuddin
Dar. Further, that the 20 Grenadiers were not
cooperating with the investigations.
The family of Mehrajuddin Dar also approached the
State Human Rights Commission [SHRC].
The family of Mehrajuddin Dar has not received any
relief/compensation.
The Jammu and Kashmir Police took four years to le
a FIR in this case, and that too only after the
intervention of the High Court. Further, no information
exists on record on the state of investigations or
prosecutions over the last 11 years following the ling
of the FIR. The apparent lack of any action may also be
a criticism of the High Court that should have remained
seized of the matter instead of leaving it to the
discretion of the Jammu and Kashmir Police.
Further, the Ministry of Defence seems to have cared
very little about the High Court 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.
61 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. By
communication dated 2 June 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought
through RTI on 15 October 2013.
62 Information on the petition number was sought through RTI on 2 July 2012. No information was provided. Information was sought again
on 4 April 2014.
63 Ashok Aggarwal, October 2008, pp.87-88.