STRUCTURES OF VIOLENCE

237 | Structures of Violence
Ghulam Qadir Sheikh [Enforced Disappearance]
Son of: Subhan Sheikh [Late], Zeba
Resident of: Gund, Shatipora [also referred to as
Sonthipora], Kralpora, Kupwara District
Alleged Perpetrators
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1. Major Agarwal, 14 Rajputana Ries, Army,
Camp Panzgam, Kupwara
Case Information
On 8 March 2000, Ghulam Qadir Sheikh was picked
up by army personnel of the 14 Rajput Ries and has
disappeared since.
A missing report was entered in the Daily Diary vide no.
6 of the Kralpora Police Post on 30 March 2000.
Following inaction by the police, the inhabitants of the
v i l l a g e m o v e d a n a p p l i c a t i o n b e f o r e t h e
Superintendent of Police [SP], Kupwara. The matter
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was taken up with the Commandant, 68 Mountain
Brigade, Trehgam, and a reply was received wherein
the armed forces were directed to cooperate with the
police. The mother of Ghulam Qadir Sheikh also
contacted the Commanding Ofcer, 14 Rajput Ries
on several occasions but was told that Ghulam Qadir
Sheikh had not been arrested by the 14 Rajput Ries.
First Information Report [FIR] no. 81/2000 u/s 346
[Wrongful connement in secret] Ranbir Penal Code,
1989 [RPC] was led at the Trehgam Police Station
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on 9 August 2000 . The report that lists the contents
of the FIR states that the victim was abducted by the
14 Rajput Ries from his house on 8 March 2000.
The mother of the victim led the FIR. By
communication dated 25 April 2014 from the Jammu
and Kashmir Police a copy of the FIR and police
communication were provided.
The family of Ghulam Qadir Sheikh led a petition
before the High Court of Jammu and Kashmir [HCP
251/2000] for his release and compensation of Rs.
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10,00,000 .
On 25 September 2001, the Station House Ofcer
[SHO] of the concerned Police Station was asked to
submit a status report. The report submitted indicted
the 14 Rajput Ries. But, the respondents
contended that conclusions arrived at by the SHO
were not acceptable to the Superintendent of Police
[SP] Kupwara and therefore the matter was
reinvestigated by the Deputy Superintendent of
Police [DSP]. By communication dated 10 December
2014 from Jammu and Kashmir police information
was provided that the reinvestigation had not led
anywhere.
The reinvestigation suggested that the disappearance
of the victim was at the hands of “masked gunmen”. On
10 October 2002 the High Court directed that the
results of the investigations be placed before the
Magistrate, and also directed an enquiry to be
conducted that was carried out by the Principal
Sessions Judge, Kupwara and concluded on 25 June
2007. As per the status report of SHO Trehgam, dated
15 April 2011, before the High Court, the case was
closed by declaring the perpetrators as untraced on 6
January 2002. On 3 May 2011, the High Court
disposed off the petition and ordered compensation of
Rs.10,00,000.
The enquiry report of 25 June 2007 is the main
document on record for the purposes of analysis.
The enquiry judge heard the evidence of the mother of
the victim [the petitioner in the case] and four other
persons, and the relevant evidence may be
summarized as follows:
- Zeba, mother of Ghulam Qadir Sheikh, stated
that “about seven years ago” the army personnel
posted at Panzgam entered into her house and
abducted Ghulam Qadir Sheikh. On the next day
her house was raided by the army and Ghulam
Qadir Sheikh was with the raiding party. No illegal
arms or ammunitions were seized during the
search. On the next day, the witness informed the
Kralpora Police Post about the incident. The
witness also approached the Panzgam army
Camp and she learnt that the 14Rajput Ries were
posted there. The witness was told that she could
meet with Ghulam Qadir Sheikh at Payarpora,
Kupwara District. The witness met the victim at
Payarpora but has never seen the victim after that
meeting and was not allowed to meet him again.
The witness stated that Major Agarwal was the
ofcer in whose custody her son was lying.
Ghulam Qadir Sheikh was not involved in
militancy. The witness was cross-examined by the
Public Prosecutor and she stated that “it were the
army personnel who told her that it was Major
Agarwal who was posted in those days at
Panzgam”.
- Azie, wife of Ghulam Qadir Sheikh, stated that
while she, her husband and other family members
were in her residence the army personnel came
and abducted her husband. The witness was
assured that Ghulam Qadir Sheikh would be
released on the next day. On the next day a raid
was conducted, Ghulam Qadir Sheikh was with
the raiding party, but no illegal article was
recovered. The witness stated that the “army
personnel were from 14 Battalion of Rajput
86 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012. No information
was provided. Further information sought through RTI on 15 October 2013. By communication dated 24 December 2013 a report that lists
the contents of the FIR was provided. It appears that wrong sections of the RPC are listed on this report. Further information sought
through RTI dated 14 November 2014.
87 Information on the petition number was sought through RTI on 2 July 2012. No information was provided. Information on this petition was
sought again on 4 April 2014.