STRUCTURES OF VIOLENCE

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235 | Structures of Violence Case No. 60 Victim Details Habibullah Shah [Enforced Disappearance] Age: 35 Occupation: Employee in Public Health and Engineering department Son of: Mohammad Ismail Shah [deceased] Spouse: Hanifa Resident of: Janbazpora, Baramulla District Alleged Perpetrators 1. Captain Rahul, 29 Rashtriya Ries [RR], Army, Camp Stadium, Baramulla Case Information On 28 January 2000 at 11:30 pm army personnel knocked at the door of Habibullah Shah. Prior to this, he had been beaten by army personnel. Habibullah Shah answered the door and informed the family that it was the army. Habibullah Shah was taken away and has disappeared since. The family of Habibullah Shah searched for him until 2008/2009, and in this period received information of him being at various locations. A Border Security Forces [BSF] soldier, Babu Ram, used to tell the family that the victim was at the 29 RR Stadium Camp and that he would be released. Habibullah Shah used to repair the pump of Captain Rahul. On one occasion the victim refused to go and Captain Rahul told him that he would tie him to a tyre and drag him there. This previous tension leads the family of the victim to believe that Captain Rahul was behind the abduction and disappearance of the victim. The family of the victim also states that there was a family/neighborhood feud against the victim due to his success. This may have also been behind the disappearance of Habibullah Shah. The family of the victim gave a statement to the IPTK on 30 December 2011. First Information Report [FIR] no. 19/2000 was led at t h e B a r a m u l l a P o l i c e S t a t i o n u / s 3 6 4 [Kidnapping/Abducting to murder] Ranbir Penal Code, 84 1989 [RPC] . The FIR states that masked men in army uniform came and abducted the victim. By communication dated 22 April 2014 from Jammu and Kashmir Police a copy of certain investigation documents were provided. Further, it was stated that the nal report was yet to be submitted. The family of Habibullah Shah received ex-gratia government relief of Rs.1,00,000 in 2008 from the Deputy Commissioner, Baramulla. The family also applied for compassionate employment under SRO- 43 [Statutory Rules and Orders] benets which are yet to be received. An enquiry report by the Additional District Magistrate, Baramulla considered a report received from the Senior Superintendent of Police [SSP], Baramulla that found that the abduction was carried out by unknown, masked gunmen wearing an army dress. Further, Habibullah Shah was found to have not been involved in any subversive activities. But, the nal conclusion was that the perpetrators were “unknown militants” thereby disregarding the SSP's report relating to the gunmen wearing army dress. In the instant case, it appears the family testimonial on the role of Captain Rahul was not considered by the enquiry ofcer or by the police investigations. The report of the SSP even after conrming that the perpetrators were wearing army dress did not feel the need to inquire from Captain Rahul or other army personnel deployed in the area. Most pertinently, despite the passage of 14 years, no nal report appears to have been prepared or submitted before a competent court. Case No. 61 Victim Details Mohammad Yasin Bhat [Torture and Enforced Disappearance] Son of: Ghulam Mohammad Bhat, Sara Begum Resident of: Malik Sahab, Nowhatta, Srinagar Alleged Perpetrators 1. Tanvir Jeelani, Sub-Divisional Police Ofcer [SDPO], Nowhatta Police Station, Jammu and Kashmir Police 2. Naik [Corporal] Tara Datt G/C, Army, Badami Bagh Cantonment Area 3. Lance Naik [Lance Corporal] Ghan Shyam, Army, Badami Bagh Cantonment Area 4. Cdo. Dalbir Singh, Army, Badami Bagh Cantonment Area 5. Sanjay Kumar, Army, Badami Bagh Cantonment Area 6. Lance Naik [Lance Corporal] Bikram Singh, Army, Badami Bagh Cantonment Area 7. B.B. Teing, Army, Badami Bagh Cantonment Area Case Information 84 Information on this FIR 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. By communication dated 30 November 2013 from Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI dated 14 November 2014. By communication dated 6 January 2015 information was provided that the nal report was yet to be submitted.
236 | Structures of Violence On 2 March 2000 at around 8:00 pm, Mohammad Yasin Bhat was walking back along with his father after performing evening prayers from the mosque when some unknown uniformed men grabbed him and took him away. Later that night, they came back at around 11:00 pm along with Mohammad Yasin Bhat to his residence. They locked the rest of the family into one room and all of the family members including women were slapped and beaten up. Meanwhile, during this time, they kept Mohammad Yasin Bhat in another room where he was tortured for around two hours after which they left with him. The uniformed men consisted of a group of Government Gunmen [Ikhwan], army, personnel of rd the 63 Battalion Border Security Force [BSF] along with SDPO Tanvir Geelani of the Nowhatta Police Station who was sitting in his vehicle during the entire time covering the other forces in the house of Mohammad Yasin Bhat. However, while the armed forces personnel were in the house of Mohammad Yasin Bhat, a slip of paper fell from the pocket of one of the men. Later on, the brother of Mohammad Yasin Bhat checked the slip of paper and it was actually a duty slip of the Badami Bagh Cantonment Area which consisted of names of the ofcers on duty and included the names and ranks of alleged perpetrators 2 to 7. Unfortunately, the slip of paper was taken away by SDPO Tanvir Geelani on the next day when the brother produced the slip in order to ascertain the identity of men who had abducted Mohammad Yasin Bhat. The family of Mohammad Yasin Bhat could not nd him despite searching for him. The family of Mohammad Yasin Bhat tried to le a FIR in the Nowhatta Police Station but they refused to lodge the same as they had mentioned SDPO Tanvir Geelani as one of the perpetrators. However, the ofcials at the Police Station lodged the FIR after six months and named uniformed unidentied gunmen as the perpetrators in place of the name of SDPO Tanvir Geelani. The family of Mohammad Yasin Bhat gave statements to the IPTK on 29 November 2011 and 27 February 2012. First Information Report [FIR] no.98/2000 u/s 364 [Kidnapping/Abducting to murder] Ranbir Penal Code, 1989 [RPC] was led at the Nowhatta Police Station and states that unidentied gunmen 85 abducted the victim. By communication dated 30 November 2013 from the Jammu and Kashmir Police it was stated that the case was closed by declaring the perpetrators as untraced. By communication dated 22 April 2014 from the Jammu and Kashmir Police a police communication was provided. By communication dated 23 January 2015 the closure report was provided. The State Human Rights Commission [SHRC] was approached by the family of Mohammad Yasin Bhat. Inspector General of Police [IGP], Kashmir wrote a letter to the SHRC on 21 December 2000 that the army/BSF/CRPF headquarters denied the arrest of Mohammad Yasin Bhat. On 29 August 2002 the SHRC, stating that it had not received a response from the army's General Commanding Ofcer, 15 Corps, and as the matter pertains to the armed forces, stated that the matter be submitted to the National Human Rights Commission [NHRC]. Before the NHRC, the Ministry of Defence denied any arrest having been made. The family of Mohammad Yasin Bhat does not have any information on the nal status of the case at the NHRC. The Brigadier General Staff, 15 Corps, Headquarters, wrote a letter to the father of the victim on 18 May 2001 that Mohammad Yasin Bhat had never been arrested by them. In around 2008 the IGP, Kashmir reopened the case and the Station House Ofcer [SHO] at the Nowhatta Police Station called the family to record their statement. The name of SDPO Tanvir Jeelani was once again mentioned and the SHO refused to record the statement. From refusing to le a correct FIR to delaying the investigations over 12 years, the Jammu and Kashmir Police appear to have assisted in a cover up to shield personnel of the police and the armed forces. No information exists on the current status of investigations. Further, the available documents do not suggest that even a Court-Martial was conducted in this case by the army. Finally, 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. No information was provided. Thereby, it appears that complete impunity has been facilitated for the alleged perpetrators of the crime. Case No. 62 Victim Details 85 Information on this FIR was sought through RTI on 5 May 2012. By communication dated 2 June 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
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STRUCTURES OF VIOLENCE THE INDIAN S
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