STRUCTURES OF VIOLENCE

216 | Structures of Violence
Case No. 45
Victim Details
Abdul Ahad Malik [Enforced Disappearance]
Age: 50
Occupation: Employee in Public Health and
Engineering Department
Son of: Asadullah Malik
Resident of: Doolipur, Kreeri, Pattan, Baramulla
District
Alleged Perpetrators
1. Major Samir Singh [Operational name: Major
Malik], 8 Rajputana Ries, Army, Camp
Kreeri
Case Information
On 24 May 1997, at about 9.30 pm, the army
cordoned off Abdul Ahad Malik's house. But Abdul
Ahad Malik was at his aunt's residence in Wagoora.
At Abdul Ahad Malik's actual house at Doolipur, his
son, Abdul Hussain Malik, was awakened and the
whole family was asked about Abdul Ahad Malik's
whereabouts. The family stated that the aunt's
residence at Wagoora was also cordoned off. The
aunt's family at Wagoora was also interrogated.
The victim's other son, Altaf, and brother, Abdul
Rehman, were picked up from their house and taken
to Wagoora in search of Abdul Ahad Malik.
Abdul Ahad Malik was picked up from his aunt's
residence at Wagoora and taken in an army vehicle.
The family states that they never saw Abdul Ahad
Malik again. Neither was his dead body handed over
to them.
The family of Abdul Ahad Malik states that FIR no.
4/1997 was led at the Kreeri Police Station on 22
June 1997. They also state that they went to many
army camps to ask about Abdul Ahad Malik but they
were not given any information.
The family states that they were threatened by the
army, and fearing repercussions, they stopped
pursuing the case. The family of Abdul Ahad Malik
also states that the original FIR led named Major
Samir Singh but this was subsequently changed
under pressure.
The family of Abdul Ahad Malik gave a statement to
the IPTK on 6 March 2012.
Contradicting the position of the family, a letter dated
28 August 2000 from the Senior Superintendent of
Police [SSP], Baramulla, to the Assistant
Commissioner, Baramulla, states that information
was received by the Kreeri Police Station on 20 June
1997 and an entry was made in the Daily Diary of the
Police Station. Following investigations, FIR
no.6/1998 u/s 365 [Kidnapping/Abducting with intent
to secretly and wrongfully conne] was led at the
Pattan Police Station. The investigation was closed by
declaring the perpetrators as untraced on 8 April
1999. This letter also states that Abdul Ahad Malik was
not involved in any subversive activities. To add to the
confusion on the issue of the FIR, a letter dated 6
September 2003, from the SSP, Baramulla, to the
Deputy Commissioner [DC], Baramulla refers to the
led FIR no. as 6/1997 u/s 365 [Kidnapping/Abducting
with intent to secretly and wrongfully conne] at the
Pattan Police Station. Finally, by communication
dated 22 April 2014 from the Jammu and Kashmir
Police, information was provided that the Kreeri
Police Station was only established in the year 2000.
Further information on both FIRs was sought through
RTI dated 14 November 2014. By communication
dated 6 January 2015, information was provided that
6/1998 case was closed as untraced on 9 April 1994
but was reopened and is under investigation. On
4/19997 it is stated that the case was not registered
there.
Information on the FIR's was sought through the
Jammu and Kashmir Right to Information Act, 2009
[RTI] on 5 May 2012. No information was provided.
Further information sought through RTI on 15 October
2013 on the FIRs. By communication dated 30
November 2013 from Jammu and Kashmir Police a
copy of FIR no.6/1998 was provided and this is the
correct FIR no. in relation to this incident. A copy of
FIR no.6/1997 was also provided which is not relevant
to this incident. By communication dated 22 April 2014
from the Jammu and Kashmir Police a copy of the FIR
was provided and information that the case was
closed by declaring the perpetrators as untraced.
On 22 March 2002 the District Magistrate, Baramulla,
on the basis of an enquiry conducted, stated that
Abdul Ahad Malik was lifted by the army in May 1997
“and got killed by terrorists”. Further, Abdul Ahad Malik
was presumed dead. No explanation is provided on
how it could be concluded that the victim had been
killed by “terrorists”. The annexed enquiry report
states that the army lifted Abdul Ahad Malik on the
intervening night of 24 and 25 May 1997. The enquiry
report also refers to a report received from the 29
Grenadiers [the text on this portion is unclear] which
conrms that Abdul Ahad Malik was picked up on the
intervening night of 24 and 25 May 1997 and since
then his whereabouts are unknown. The enquiry, then
makes a similar leap and presumes his killing by
terrorists.
The family of Abdul Ahad Malik also approached the
National Human Rights Commission [NHRC]. The
matter was placed before the NHRC on 9 June 2000.
On the same date the NHRC closed the case. The
NHRC, in its order, states that the family of Abdul Ahad
th
Malik had claimed that he was apprehended by the “8
Gorakha Regiment” and since then was not traceable.
A report was sought from the Defence Secretary,