STRUCTURES OF VIOLENCE

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241 | Structures of Violence Further, he was forced to sign a statement by the Chekseri Camp that the army had no role in the incident. Further, he states he spent an enormous amount in the search for his son and for seeking justice. The father received Rs. 1,00,000 as ex-gratia government relief after the recommendation of State Human Rights Commission [SHRC] but no compassionate employment under SRO-43 [Statutory Rules and Orders]. The family of Ghulam Mohammad Mir gave a statement to the IPTK on 12 December 2011. First Information Report [FIR] no. 260/2000 u/s 346 [Wrongful connement in secret] was led at Pattan 92 Police Station on 11 November 2000. The victim was a taxi driver and he was driving near the RR Hyderbeigh army camp on 15 October 2000 when the army people from Chekseri took him. The victim was told that he would be released the next day. By communication dated 22 April 2014 from the Jammu and Kashmir Police a copy of the FIR and closure report were provided. But, the police also stated that the “nal report” is not available. By communication dated 6 January 2015 information was provided that the case was closed as untraced on 18 September 2006 but that the nal report had not been prepared. The family of the victim led a petition before the High Court of Jammu and Kashmir [HCP 264/2002, a habaes corpus petition] seeking a judicial enquiry. The Defence Ministry, Union of India, and Captain Gurjeet Singh Sandal stated that the mine blast on 14 October 2000 took place on the Pattan Nihalpora road and not in Watipura. Further, no person of the unit was injured. The victim was not picked up. Finally, that Captain Gurjeet Singh Sandal was not “on the strength of the unit on 14 October”. He reported to the unit on 6 January 2001. The petition was dismissed on 23 November 2004. The main reason, and arguably the only reason given [as the other arguments of the respondents are referred to but do not appear to have been the reason for the disposal], for disposing the petition was that the petitioners in their petition had stated on one occasion that “all the persons arrested were released within 25 days”. The High Court understood this to mean that the victim had also been released. On 30 September 2004 the State Human Rights Commission [SHRC], approached by the family of the victim, issued its nal decision implicating Captain Gurjeet Singh Sandal, and recommended ex-gratia government relief of Rs.1,00,000, compassionate employment under SRO-43 [Statutory Rules and Orders] and recommended that the investigation in the case be completed as soon as possible. On inaction of the SHRC recommendations, another petition was led before the High Court [Original Writ Petition (OWP) 265/2008] seeking that investigations i n t h e c a s e b e c o m p l e t e d , t h e S H R C r e c o m m e n d a t i o n s b e a c t e d u p o n , f u r t h e r compensation of Rs.15,00,000 be paid, that the graves in the State be investigated and DNA testing be done. On 9 April 2008 the Court ordered that the recommendations of the SHRC be implemented and stated that on the issue of investigations the matter could be agitated before the concerned Chief Judicial Magistrate [CJM]. Information on the petition numbers was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 16 February 2012. Information was provided. On 23 April 2010, the ofce of the District Magistrate, Baramulla, after enquiry, stated that the victim could be presumed to be dead. As a preliminary point, there appears to be a contradiction in the position taken by Union of India and Captain Gurjeet Singh Sandal before the High Court in HCP 264/2002 that the alleged perpetrator was not at the alleged position during the time of the incident, and the position taken by the police authorities. A report dated 6 April 2001 by the Station House Ofcer [SHO] of Pattan Police Station implicates Captain Gurjeet Singh Sandal in the incident [referring to him as the “incharge camp 29 RR Cheekseri”]. Further, a report from the Senior Superintendent of Police [SSP], Baramulla dated 4 June 2001 to the SHRC also implicates the alleged perpetrator in the abduction of the victim. The 30 September 2004 SHRC nal decision was based on a police report. The police report stated that “during the course of investigation the witnesses have deposed that troops of 29 RR Camp Cheksari headed by Captain Gurjit Singh Sandal lifted said Ghulam Mohammad Mir son of Khaliq Mir resident of Kalsar Pattan.” The police also noted that no cooperation was received from the army in the investigations. There is also a letter dated 4 June 2001 from the SSP, Baramulla to the SHRC on record. This letter also conrms that the victim was apprehended by troops under the command of the alleged perpetrator and that the taxi of the victim was found outside the “Hyderbagh” camp. The SHRC then heard further evidence from witnesses and concluded that the victim was abducted by Captain Gurjeet Singh Sandal, “Camp Hyderbegh Yedipora Pattan” and that it could be presumed that he had been “liquidated while in custody”. The SHRC also stated that it was “disappointing to nd that in this case also state police has failed to complete the investigation because of non-cooperation from the Army”. A nal point to be made is the unfortunate order of 23 November 2004 of the High Court. Any reading of the petition of the victim's family could lead a reader to only one conclusion: that the victim was never released. But, the High Court unfortunately focused on one line, completely out of context, and dismissed the petition.
242 | Structures of Violence Further, even assuming that the victim had been released, the High Court erred by not deeming it necessary to enquire into the legality of the detention of the victim. Instead, the petition was dismissed with no enquiry. It was therefore only after the intervention of the SHRC that the High Court, around four years later, nally accepted that the victim was disappeared which was contrary to their earlier 23 November 2004 position. This case serves as an unfortunate example where the police and SHRC have found in favour of the victim family, and against the perpetrator, but no justice, vis-à-vis prosecution of the alleged perpetrator, has taken place. It also appears that the case was nally closed by the police but the nal report was not submitted before the court – and in fact had not even been prepared. Further, the available documents do not suggest that even a Court-Martial was conducted in this case by the army. Case No. 65 Victim Details Mohammad Ashraf Koka [Enforced Disappearance] Age: 23/24 Occupation: Junior Assistant, Sub-Judge Court, Bijbehara Son of: Ghulam Hassan Koka Resident of: Kokagund, Verinag, Dooru, Islamabad District Alleged Perpetrators 1. Commandant [presently Inspector General] th Inder Singh Negi, 10 Battalion Indo-Tibetan Border Police [ITBP], Camp Verinag nd th 2. 2 In-Command [2 IC] R.S. Raina, 10 Battalion Indo-Tibetan Border Police [ITBP], Camp Verinag 3. Doctor P.S. Gunjiyal, Medical ofcer [also spelt on occasion as “P.S. Gungial”, “Ganjal”], th 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag 4. Inspector Rajinder Singh [also spelt on th occasion as “Ragender Singh”], 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag 5. Sub-Inspector [SI] Pratap Singh [reportedly th dead], 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag th 6. Head Constable Hukum Singh, 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag th 7. Head Constable Ajit Kumar, 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag th 8. Sunil Joshi [INT Wing], 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag 9. Sub-inspector [SI] R.S. Chauhan [also spelt th on occasion as “R.S.Chowan”], 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag th 10. Sub-Inspector [SI] Mishra, 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag th 11. Sub-Inspector [SI] Ram Pratap, 10 Battalion Indo Tibetan Border Police [ITBP], Camp Verinag Case Information On 27 October 2001, Mohammad Ashraf Koka was picked up from his residence at around 7:30 pm and subsequently disappeared. The family of Mohammad Ashraf Koka states that he was picked up by th personnel of the 10 Battalion Indo Tibetan Border Police [ITBP], Verinag Camp. The father of the victim recognised R.S.Raina, Doctor P.S. Gunjiyal, SI Pratap Singh, Head Constable Hukum Singh, Head Constable Ajit Kumar, Sunil Joshi, JCO R.S.Chauhan, JCO Mishra and SI Ram Pratap on this occasion. [The father of the victim remembers the ranks as “JCO” which do not exist in the ITBP. The equivalent rank is Sub-inspector]. A First Information Report [FIR] no. 96/2001 u/s 302, 364 RPC and 7/25 Arms Act was led at the Dooru Police Station on 3 November 2001 on the orders of the Chief Judicial Magistrate [CJM], Anantnag. According to the family of the victim the Station House Ofcer [SHO], Dooru Police Station, 93 Abdul Majeed refused to le the FIR . By communication dated 16 May 2014 from the Jammu and Kashmir Police it was stated that the case under investigation and was being monitored by the High Court of Srinagar and that it was came under Section 6(b) of the Jammu and Kashmir Right to Information [RTI], Act, 2009. The family of Mohammad Ashraf Koka led a petition in the High Court of Jammu and Kashmir [habeas corpus petition, Section 491 Criminal Procedure Code, 1989 (CrPC) petition no.6/2002] for the police to take action. The ITBP denied that Mohammad Ashraf Koka was in their custody. The High Court ordered an enquiry to be conducted by the District and Sessions Judge, Anantnag on 16 September 2003. By an order dated 21 December 2004 a direction was given to investigate the occurrence, and the petition was disposed off despite not having received the report of the District and Sessions Judge, Anantnag. The report of the District and Sessions Judge, Anantnag is dated 21 October 2004 and 93 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 16 November 2013 from the Jammu and Kashmir Police a copy of the FIR was provided.
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