STRUCTURES OF VIOLENCE

217 | Structures of Violence
Union of India. This report stated that there was no
such unit in the army, and that Abdul Ahad Malik was
not apprehended by the army. Further, that there
existed no report regarding Abdul Ahad Malik in the
police station.
Based on this the NHRC closed the case. Once again,
there appears to be a contradiction from the family with
regard to the unit of the army involved. But, clearly, the
representation of the Defence Secretary, Union of
India, that no police record of the incident exists, is also
patently false.
The family of Abdul Ahad Malik received Rs. 1,00,000
ex-gratia government relief compassionate
employment under SRO-43 [Statutory Rules and
Orders].
On record is an afdavit by the wife of Abdul Ahad
Malik and his daughter that states that the Abdul Ahad
Malik was apprehended from his own residence on the
intervening night of 24 and 25 May 1997 by the “9 GR”.
This information, particularly the unit of the army
involved contradicts with the statement given by the
family to the IPTK.
No information exists on what basis the Jammu and
Kashmir Police closed the investigations in this case
declaring the perpetrators as untraced. This closure
report would, by law, have to be judicially scrutinized.
Whether this was actually done would need to be
ascertained, particularly as the more recent
communication states that the case is still under
investigations.
The impunity for the perpetrators of the crime has been
compounded by the manner in which the NHRC
closed its enquiry based on patently false
representations.
The Ministry of Defence seems to have cared very little
about the possible involvement of the army in a crime
as the available documents do not suggest that even a
Court-Martial was conducted in this case by the army.
Case No. 46
Victim Details
Ali Muhammad Mir [Enforced Disappearance]
Age: 67 years
Occupation: Government Employee
Son of: Abdul Rehman Mir
Resident of: Dachigam, Bandipora.
Alleged Perpetrators
1. Suman, Major, 14 Rashtriya Ries [RR],
Chiternaar Camp
Case Information
house of Ali Mohammad Mir. They entered the house
and told him to accompany them as that they had to
ask him some questions. He had no connections to
any militant outt, and was a retired government
employee working with the Civil and Public Distribution
Department. His family, and neighbourhood
witnessed him being picked up by the army personnel.
They took him to the army camp, Chiternaar.
Immediately after the incident, his wife Saja Begum
went to Police Station, Bandipora and lodged a First
Information Report [FIR] against army persons from
Chiternaar Camp. The Station House Ofcer [SHO]
conrmed to the family that he had been taken by army
persons headed by Major Suman, but assured them
that he would be released soon, after conducting their
enquiries. Three days passed but the victim was not
released. Within the three days the SHO had
transferred himself to some place unknown to the
family. The SHO did this as he was aware of what
actually had happened to the victim, and did not want
to answer the family's repeated questions.
After few more days the family of the victim, along with
locals protested against the illegal detention of the
victim and were assured by the District Administration
that they would investigate the matter. A committee
was formed and the concerned SHO was ordered to
submit his report within 3 days. He did not submit any
such report.
The family searched for the victim everywhere but
couldn't nd him. Finally after about 6 months, district
authorities handed over a issuance of death certicate
order dated 8 January 1998, signed by District
Magistrate Baramulla, Atal Dullo which stated that the
victim was kidnapped by some unknown militants on
19 June 1997 and was thereafter killed. It also stated
that the dead body had not been recovered. [This
document is on le with IPTK]. A death certicate was
issued on the basis of this letter.
The son of the victim, Aijaz Ahmad Mir gave the above
statement to IPTK on 28 July 2015.
The witness statement is clear, and cogent evidence is
presented of the enforced disappearance of the victim.
The name of the alleged perpetrator is based purely on
what was communicated by the SHO and therefore
requires further investigation.
Case No. 47
Victim Details
Abdul Rashid Wani [Enforced Disappearance]
Age: 35
Occupation: Truck driver
Son of: Abdul Samad Wani
Resident of: 87, Madina colony, Bemina, Srinagar
On 19 June 1997, at about 9 pm army personnel of 14
RR from Chiternaar camp, Bandipora came to the