STRUCTURES OF VIOLENCE

225 | Structures of Violence
Case No. 51
Victim Details
Fayaz Ahmad Khan [Enforced Disappearance]
Age: 24
Occupation: Truck driver
Son of: Haji Abdul Rehman Khan [deceased], Sara
Akhter
Resident of: Abidabad, Gamamdar, Pantha Chowk,
Srinagar
Alleged Perpetrators
th 73
1. Major Yadav Prashad, 197 Battalion , Army,
Camp Zakoora/ Ganderbal
2. Javaid Ahmad Reshi, Army informer
3. Mohammad Yousuf Akhoon, Army informer
Case Information
The family of Fayaz Ahmad Khan states that on the
intervening night of 25 November 1997 and 26
th
November 1997, troopers of the 197 Battalion [“Roma
Battery”] led by Major Yadav Prashad raided the house
of the victim. After identifying the victim with the help of
Javaid Ahmad Reshi and Mohammad Yousuf Akhoon,
he was taken away. When the family asked Major
Yadav Prashad why the victim was being taken away
[the victim was suffering from bone disorder], they
were told that he was being taken for questioning and
would be released soon. Javaid Ahmad Reshi asked
the family to come to Brain Nishat the next day. On the
next day the family went to the Pantha Chowk Police
Station and complained of the victim's abduction. The
police did not le any report.
Subsequently, Javaid Ahmad Reshi visited the victim's
house and asked for Rs. 40,000 for the victim's
release. The family told him that they had already sent
persons, including one of the brothers of the victim, to
give him the money at Brain Nishat.
Further, when the brother of the victim met Javaid
Ahmad Reshi, he asked him to prove that he knew the
whereabouts of the victim. Javaid Ahmad Reshi then
brought the watch and identity card of the victim as
proof. The family paid Rs. 10-12,000 to the informer.
Two days later, the family states that with the help of a
Kashmiri Pandit named Bitta, they went to the Zakoora
th
Camp of the 197 Battalion of the army and asked
Major Yadav Prashad to release the victim, and they
were told that he would be released the next day. After
some time, during which the family of the victim visited
the camp asking for the victim, the Zakoora Camp was
shifted to a place near Nuner, Ganderbal. The family of
the victim visited this camp. Subsequently, the family
of the victim also went to the headquarters of the army
implicated at Kangan. They met with Brigadier
Malhotra who informed them that the victim had been
released and may have gone to Pakistan Occupied
Kashmir.
The family of the victim informed the Nishat Police
Station about the abduction of the victim by Javaid
Ahmad Reshi and Mohammad Yousuf Akhoon who
were from Nishat. The body of the victim has not been
found to date.
The family of Fayaz Ahmad Khan gave a statement to
the IPTK on 9 March 2012.
According to the victim's family, while information on
the incident was provided to the Pantha Chowk and
Nishat Police Stations, no rst information report [FIR]
was led.
The family of the victim approached the State Human
Rights Commission [SHRC] and in their application to
the SHRC, the victim's family recounts the events
surrounding the abduction in a manner similar to the
allegations above, but refers to Major Yadav Prashad
th
as being from the 197 Battalion, Army Camp at Nuner
Kangan, Ganderbal. On 25 November 1999, Nodal
Ofcer, Police Headquarters [PHQ], Kashmir Zone,
Srinagar, forwarded a letter dated 11 November 1999
from Superintendent of Police [SP], Srinagar city, East
Zone to the SHRC. This letter states that a report was
sought from the Station House Ofcer [SHO], Pantha
Chowk Police Station and was received. This report
conrms that there existed no FIR or missing persons
report. The report further states that following
verication it was found that on 26 November 1997 at
about 11:00 pm army personnel raided the victim's
house and took him along. On the following day, 26
November 1997 [thereby suggesting that the raid took
place on the intervening night of 25 and 26 November
1997] the father of the victim, Ali Mohammad Khan and
Ghulam Mohammad Ganie went to the army camp at
Brain Nishat. They met two surrendered militants:
Javaid Ahmad Reshi and Mohammad Yousuf Akhoon,
who demanded Rs.10,000 for the release of the victim.
Rs. 3000 was paid to them. On the following day when
they returned to the camp, the in-charge of the camp,
Major Yadav Prashad was not present. A few days later
they met Major Yadav Prashad who assured them of
the release of the victim in his custody. But, the victim
was not released. The letter of 11 November 1999 also
conrms that the victim was a surrendered militant.
The family of the victim led a rejoinder to this report
and maintained their earlier position.
Also on record are afdavits by Abdul Ahad Baba,
neighbour of the victim, and Abdul Aziz Khan, brother
of the victim. Abdul Ahad Baba conrms the abduction
of the victim by the army. Abdul Aziz Khan's afdavit
closely matches the more recent statement to the
IPTK. He conrms that the abduction was undertaken
th
by the 197 Battalion of the army led by Major Yadav
Prashad and accompanied by Javaid Ahmad Reshi
[whom he refers to as “Javid Auto”] and Mohammad
73 Possibly a part of the Territorial Army, but not expressly stated as such in the documents available.