STRUCTURES OF VIOLENCE

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221 | Structures of Violence Sood of CRPF, proceeded to Nowhatta where they came under ring. The victim escaped. It was further alleged that two persons: Ashaq Hussain and Tariq Ahmad Gujar had seen the victim in Delhi. SP Hans Raj Parihar also led a separate response before the SHRC. In this response it was stated that he was not present at the SOG Headquarters on 6 or 7 September 1997. Further, that he never met the father of the victim and he did not inform him about a demand for money. He also denied that there was any search at the victim's house on 7 September 1997. The SHRC then considered witness evidence and documentation as summarized below: - The SHRC heard the evidence of witnesses Ghulam Mohi-ud-Din Malik, Ghulam Ahmad Beigh, Mushtaq Ahmad and Abdul Majid Beigh, who conrmed that it was SP Hans Raj Parihar and others who abducted the victim. - Further, the SHRC also considered certicates issued by police authorities to the effect that on 6 and 7 September 1997, SP Hans Raj Parihar was on duty elsewhere. The SHRC did not nd this information credible as it suggested that this line of defence should have been raised by SP Hans Raj Parihar when ling objections before the SHRC. Further, the SHRC considered the evidence of the two police authorities that issued three of the letters, who stated that the information was provided based on their “memory”. - The SHRC also considered the written statement, led on 24 July 1998, of the Station House Ofcer [SHO], Nigeen Police Station. This written statement states that the SHO was informed of the abduction of the victim on 6 September 1997 and that on probing the issue it was found that the victim had been picked up by the SOG, Pulwama District. Further, the report of the abduction of the victim was entered in the records of the police station on 6 September 1997. - The SHRC found that the evidence of SP Hans Raj Parihar unconvincing on his contention that he was not present when the arrest of the victim was carried out. Further, the SHRC noted his evidence that he was “holding over all charge of STF Camp Awantipora…so much so, that he was being made aware of even the minutest details”. - SI Mohammad Amin testied that “he learnt about the presence of Fayaz Ahmad Beigh on 9 September 1997, at Kadalbal Pampore and then he found him with unregistered Motor Cycle and then he was taken to Latipora [Lethpora] SOG Camp.” Further, that he heard about the recovery of ammunition at the instance of the victim and the alleged ring upon the raiding party. The SHRC was critical of the role of SI Mohammad Amin in not making a written record of these events at the relevant time and concluded that there was evidence to suggest that the victim was not at Kadalbal, Pampore on 9 September 1997. - Witnesses Abdul Aziz and Mohammad Ashraf from Tral were also heard by the SHRC [presumably produced by SP Hans Raj Parihar, SI Mohammad Amin, Head Constable Ratan Chand, Constable Abdul Rashid Trali]. The SHRC noted that these witnesses, brought to prove the presence of the victim at Kadalbal, Pampore, on 9 September 1997, were not reliable as they did not even know who the victim was. The SHRC concluded therefore that the victim was illegally arrested by SP Hans Raj Parihar, SI Mohammad Amin, Head Constable Ratan Chand, Constable Abdul Rashid Trali on 6 September 1997 from the University of Kashmir campus. The SHRC decision is therefore a clear indictment of SP Hans Raj Parihar, SI Mohammad Amin, Head Constable Ratan Chand and Constable Abdul Rashid Trali. Inspector Sudershan Sood of CRPF may also be considered indicted [though not explicitly by the SHRC] in light of the submissions of the alleged perpetrators before the SHRC that specically name him as being part of the party on 10 September 1997. The Jammu and Kashmir Police have deliberately chosen to ignore the High Court directives on the registration of a case for nine years which is an act of furthering support to the alleged perpetrators. Interestingly, this impunity is being provided to SP Hans Raj Parihar when he is already under trial in an infamous Ganderbal fake encounter case from the last ve years. On the contrary, as per publicly available information, alleged perpetrator Hans Raj Parihar was awarded the Director General of Police's Commendation Medal for 2001. Further, it appears that no action has been taken in the case by the CRPF despite the involvement of one their personnel. The IPTK sought information on 10 January 2012 on all inquiries and Court-Martials conducted by the BSF between 1990 and 2011 in Jammu and Kashmir but no information was provided. Further, the IPTK sought information on 10 January 2012 on all cases of sanctions for prosecution under AFSPA relating to the Ministry of Home Affairs between 1990 and 2011 in Jammu and Kashmir but no information was provided. Case No. 49 Victim Details 1. Abdul Aziz [Enforced Disappearance] Son of: Sher Mohammad Resident of: Kotdhara, Rajouri District 2. Abdul Aziz [Enforced Disappearance] Son of: Mohammad Hussain Resident of: Kotdhara, Rajouri District 3. M o h a m m a d Y o u s u f [ E n f o r c e d Disappearance] Son of: Raj Mohammad Resident of: Kotdhara, Rajouri District Alleged Perpetrators
222 | Structures of Violence 1. Commanding Ofcer [Colonel] Mann Singh, th 18 Dogra Regiment, Army Case Information In October 1997, Abdul Aziz, Abdul Aziz and Mohammad Yousuf were picked up from their houses and have disappeared since. It was reported in the media that the family believes that the Commanding Ofcer Mann Singh was responsible for the crime as the three victims used to work for him by getting him heroin across the border. The killing of the victims may have been to 69 ensure that the heroin operation was not revealed . The family of the victims approached the State Human Rights Commission [SHRC] and a nal decision was given on 22 July 2008. The SHRC received a report from the Senior Superintendent of Police [SSP], Rajouri, dated 28 May 2008 that conrmed the abduction and killing of th the victims by the 18 Dogra Regiment, while not specically naming Commanding Ofcer Mann Singh. The report stated that it was believed that the bodies of the victims were buried at Peer Badaser, near Kacha post. This place was dug up on 19 June 2007, but the bodies were not found. Based on the th above, the SHRC indicted the 18 Dogra Regiment and recommended Rs.5,00,000 each for the disappearance of the victims, and a registration of a case of kidnapping and murder against the concerned th army personnel of the 18 Dogra Regiment. No information exists on whether any investigations or prosecutions were carried out by the Jammu and Kashmir Police for a case that is 15 years old. Further, despite an indictment of the army by the SHRC, the available documents do not suggest that even a Court-Martial was conducted in this case by the army. In 2013, it was reported in the media that no action h a d b e e n t a k e n f o l l o w i n g t h e S H R C 70 recommendations .Further, and contradictory to the SHRC decision, it was reported that at one point the body of Mohammad Yousuf was exhumed, Deoxyribose Nucleic Acid [DNA] test was sought and 71 the body was sent to the District Hospital Rajouri. In response to a RTI on Home Department empowered committee on SHRC recommendations, the Home Department by communication dated 24 March 2014 provided information on other cases, including the th instant one. It was taken up in the 5 meeting on 22 July 2009. Here the Home Department states that relief cannot be paid as the DNA of the bodies does not match those of the relatives [this is ironic considering the same Home Department has refused to carry out DNA tests with regard to the unmarked and mass graves in Jammu and Kashmir]. Case No. 50 Victim Details Bashir Ahmad Wani [Enforced Disappearance] Age: 20 Son of: Ghulam Nabi Wani Resident of: Mandakpal, Pampore, Pulwama District Bashir Ahmad Bhat [Enforced Disappearance] Age: 18 Occupation: Farmer Son of: Fateh Bhat Resident of: Mandakpal, Pampore, Pulwama District Alleged Perpetrators 1. Inspector Pritam Singh, In-charge of Special Operations Group [SOG], Camp Lethpora, Jammu and Kashmir Police 2. Selection Grade Constable Gansham, Special Operations Group [SOG], Camp Lethpora, Jammu and Kashmir Police 3. S. M. Jingral [also referred to as S.M. Jindral or Gindral on occasion], Station House Ofcer [SHO], Pampore Police Station 4. Sub-Inspector [SI] Ashiq Hussain, Pampore Police Station, Jammu and Kashmir Police 5. Constable Riyaz Ahmad, Pampore Police Station, Jammu and Kashmir Police 6. Sub-Inspector [SI] Manzoor Ahmad, Pampore Police Station, Jammu and Kashmir Police 7. Sub-Inspector [SI] Abdul Rashid, Pampore Police Station, Jammu and Kashmir Police 8. Mansoor Ahmad, Munshi at Pampore Police Station, Jammu and Kashmir Police 9. Constable Bashir Ahmad, Pampore Police Station, Jammu and Kashmir Police Case Information The family of Bashir Ahmad Wani states that on 17 November 1997 they were asked to produce the victim at the Pampore Police Station, and specically before SHO S. M. Jingral, by Ashiq Hussain and Constable Riyaz Ahmad. On 18 November 1997 the family produced the victim at the Pampore Police Station. The family was asked to return for the victim, four-ve days later. The victim was not released as promised. Bashir Ahmad Wani has disappeared since. The family of Bashir Ahmad Bhat states that on 22 November 1997, SHO S. M. Jingral came to the residence of the victim along with other police personnel and asked for the victim. On being informed that the victim was not at the house, the brother of the victim, Abdul Rashid Bhat was arrested and detained at the Pampore Police Station until the victim was 69 Greater Kashmir, http://www.greaterkashmir.com/news/2007/Jun/21/3-rajouri-men-killed-in-fake-gunghts-51.asp, 21 June 2007. 70 Kashmir Times, http://www.kashmirtimes.com/newsdet.aspx?q=15826, 28 April 2013. 71 Rising Kashmir, http://www.risingkashmir.in/news/skeleton-of-fake-encounter-victim-surfaces-in-rajouri-45986.aspx, 24 April 2013.
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