STRUCTURES OF VIOLENCE

223 | Structures of Violence
produced. On 24 November 1997, the victim was
produced at the Pampore Police Station and was
detained along with Abdul Rashid Bhat for a few hours
after which Abdul Rashid Bhat was released. In these
few hours, the victim told Abdul Rashid Bhat that he
would stay in the jail and it was better that Abdul
Rashid Bhat be released as he was the earning
member of the family. The victim was taken to another
location by SI Abdul Rashid after half an hour
consultation with Mansoor Ahmad and Constable
Bashir Ahmad. The family of the victim came to know
that Bashir Ahmad Bhat and Bashir Ahmad Wani were
seen at the SOG Camp, Awantipora, where they were
kept for three days before being transferred to another
location. The family of Bashir Ahmad Bhat made
various efforts to trace the victim. Bashir Ahmad Bhat
has disappeared since.
Both families state that large sums of money have
been spent in trying to nd the disappeared. Further,
SHO S. M. Jingral has threatened the family of Bashir
Ahmad Wani and asked them to withdraw the case
led.
The families of both victims led habaes corpus
petitions under Section 491 Criminal Procedure Code,
1989 (CrPC) before the High Court of Jammu and
Kashmir [9/1998 and 10/1998].
In petition no. 9/1998, led by the family of Bashir
Ahmad Wani, by nal order dated 14 July 1998, the
High Court dismissed the petition based on a
representation of the respondents that the victim had
been released on 23 November 1997. But, on a Letter
Patent Appeal [LPA no. 232/1998], the High Court
bench on 4 August 2000 stated that the petition
required rebuttal on afdavit by the respondents. On
13 March 2001, the bench hearing petition no. 9/1998
clubbed the two petitions [petition no. 9/1998 and
10/1998] together. On 7 August 2001, the bench
hearing petition no. 9/1998 referred the matter for an
enquiry by the District and Sessions Judge, Pulwama.
But, on 23 July 2002, based on a submission by the
petitioner in petition no. 9/1998 that the matter had
been taken up by the State Human Rights
Commission [SHRC] and a request that the petition be
withdrawn, the petition was dismissed as withdrawn.
Consequently, the enquiry was also closed on 6
August 2002.
In petition no.10/1998, led by the family of Bashir
Ahmad Bhat, by nal order dated 14 July 1998, the
High Court dismissed the petition based on a
representation of the respondents that the victim had
been released on 23 November 1997. But, on a LPA
led [LPA no. 231/1998], the LPA bench on 4 August
2000 stated that the petition required rebuttal on
afdavit by the respondents. But, based on a
submission by the petitioner in petition no. 10/1998
that the matter had been taken up by the SHRC and a
request that the petition be withdrawn, the petition was
dismissed as withdrawn.
The families of the victims approached the SHRC
which issued its nal decision on 14 July 2001. The
SHRC recommended that a case of enforced
disappearance of both victims be registered, and that
Rs. 1,00,000 ex-gratia government relief be provided
to both the families.
Following the non-implementation of the SHRC
recommendations, both families led Original Writ
Petition (OWP) no. 37/2002 [and Interim Application
no. 49/2002] before the High Court. On 4 February
2002 the High Court dismissed the petition directing
that a rst information report [FIR] be registered and
that ex-gratia government relief as recommended by
the SHRC be considered as per the rules. On further
non-implementation of these directions the families of
the victim led contempt petition no. 255/2004 before
the High Court. In response to the contempt petition,
the Government of Jammu and Kashmir stated that
they had not received the 4 February 2002 order of the
High Court until the contempt petition had been led on
29 November 2004. Further, that on receiving the
order, FIR no. 98/2004 u/s 446 [House breaking by
night], 464 [Making a false document] Ranbir Penal
Code, 1989 [RPC] was registered at Police Station,
Crime Branch, Srinagar and that the ex-gratia
government relief was being speedily processed. On 4
October 2005 the High Court disposed the contempt
petition based on the submissions of the Government
of Jammu and Kashmir. On the issue of ex-gratia
government relief, the High Court stated that the
families could approach the Deputy Commissioner,
who was the concerned ofcer.
Information on the petition numbers was sought
through the Jammu and Kashmir Right to Information
Act, 2009 [RTI] on 16 February 2012. No information
was provided on contempt petition no. 255/2004.
Information on the other petitions was provided.
Information on the FIR was sought through RTI on 5
May 2012. No information was provided. Further
information sought through RTI on 15 October 2013.
Further information sought through RTI dated 14
November 2014. Information on petition number
255/2004 was sought again on 4 April 2014.
The Deputy Commissioner, Pulwama, in a letter dated
29 March 2005 to the Government of Jammu and
Kashmir, conrmed that based on reports from the
Superintendent of Police [SP], Awantipora and the
Additional Deputy Commissioner, Pulwama, the two
victims were not involved in any subversive activities.
Both families received the Rs. 1,00,000 ex-gratia
government relief each but are yet to receive
compassionate employment under SRO-43 [Statutory
Rules and Orders].
Before considering the ndings of the SHRC on 14
July 2001, a few preliminary comments may be made:
- While the family of victim Bashir Ahmad Bhat
refers to SI Abdul Rashid, Mansoor Ahmad and
Constable Bashir Ahmad before the High Court,
they have not been considered as accused
persons before the SHRC [SI Manzoor Ahmad,
alleged perpetrator no.6 is considered a
respondent in the case while not extensively