STRUCTURES OF VIOLENCE

246 | Structures of Violence
1. M a j o r S . B h a t t a c h a r y a , C o m p a n y
Commander, 28 Rashtriya Ries [RR],
Tragpora camp, Army
2. Abdul Qayoom Tantray, Government
Gunman [Ikhwan]
3. Ghulam Ahmad Malik [also known as
Jehangir], Government Gunman [Ikhwan]
4. Gulzar Ahmad Bhat, Government Gunman
[Ikhwan]
5. Aijaz Ahmad, Government Gunman [Ikhwan]
Case Information
On 22 December 2001, Manzoor Ahmad was picked
up from Tragpora, Baramulla District, by Major
Bhattacharya and has dissapeared since. The 28 RR
denied the abduction of Manzoor Ahmad. The victims,
Bakhti, who was present on the spot pleaded with the
renegades [four listed above] and Major Bhattacharya
not to harm his son. For the coming weeks Bhakti
went to the army camp looking for the victim but she
was threatened by Major Bhattacharya and the
renegades if she continued enquiring on the
whereabouts of her son or if she led any complaint
regarding the case.
A week before his arrest, the victim was married to
Jabeena, whose cousin Gulzar Ahmad was a
renegade and one among the perpetrators involved in
this case. The day Manzoor was arrested, Jabeena
went back to her maternal home and did not return.
She later married renegade Gulzar's cousin.
Manzoor's family was offered compensation by the
government which her mother completely refused.
The family of the victim gave a statement to the IPTK
on 5 November 2014
A petition was led before the High Court of Jammu
and Kashmir [HCP 56/2006]. As the respondents to
the petition did not make any submissions, on 8
August 2006 a judicial enquiry was ordered by the
High Court. The Principal District Judge, Baramulla
94
was appointed as the enquiry ofcer .
Also on record are documents that suggest a First
Information Report [FIR] was led and there may be
an ongoing trial against the civilians named above.
By communication dated 4 May 2007, Additional
Deputy Commissioner, Baramulla sought
information on this case [while referring to an earlier
communication on the same matter dated 11 April
2007] from the Senior Superintendent of Police
[SSP], Baramulla. It appears this communication
was made in relation to the relief and compensation
issues before the district administration. This
communication was responded to by
Superintendent of Police [SP] [Human Rights] by
communication dated 7 August 2009. This
communication states that eld verication revealed
that the victim was detained by Major S.
Bhattacharya accompanied by alleged perpetrators
2 and 3. The victim was kidnapped and then
murdered by alleged perpetrators 1, 2 and 3. The
body was disposed off and could not be found. A
chargesheet in this regard has been produced
before a court on 8 September 2006. The sections
noted in the chargesheet are: 364, 302, 201, 348,
109 RPC and 7/27 Arms Act. An incomplete copy of
communication dated 8 June 2009 to Deputy
Commissioner, Baramulla is also on record. The
communication is from District Police Ofce,
Baramulla [the sender cannot be identied as the
copy of the document is incomplete and is missing
the second page]. This communication states that
communication dated 4 February 2009 from
Additional Superintendent of Police [ASP] Sopore
recounted the allegations of the mother of the victim
regarding the involvement of alleged perpetrators 1,
2 and 3. Full personal details of alleged perpetrators
2 and 3 are provided as follows: Abdul Qayoom
Tantray, son of Sattar Tantray, resident of Rohama,
and Ghulam Ahmad Malik, resident of Buddan and
attached with the 28 RR camp at Tragpora. The
victim was detained on way from Handwara to
Baramulla in a private bus and has since
disappeared. FIR no. 126/2002 u/s 364
[Kidnapping/Abducting to murder] Ranbir Penal
Code, 1989 [RPC] was led at the Sopore Police
95
Station . During the course of investigation, Abdul
Qayoom Tantray was arrested by the Sopore police
on 17 July 2006. Gulzar Ahmad Bhat, son of
Mohammad Sultan Bhat, resident of Rohama “also
surfaced” and was arrested on 26 July 2006, and is
presently [as of the date of the communication] out
on bail. Examination of these persons and other
independent witnesses revealed that the victim was
travelling on a private bus on 22 December 2001
from Handwara to Baramulla. Alleged perpetrators
1, 2 and 3 took him off the bus and to the Tragpora
camp. At the camp he was interrogated and asked
about a pistol which they suspected was in his
possession. He plead his ignorance. The nal
document on record is communication dated 15
April 2013 from Sub-divisional police ofcer [SDPO]
to the Sub-divisional Magistrate, Sopore. This
communication conrms that neither the victim nor
his wife are/were involved in subversive activities.
This communication appears to deal with the issue
of relief vis-à-vis the wife of the victim.
Also on record is an application from the wife of the
victim to the Deputy Commissioner, Baramulla
seeking share of relief as ordered by the State
Human Rights Commission [SHRC] towards the
wife of the victim. This application also annexes
communication dated 7 August 2009 from SP
[Human Rights], for Additional Director General of
94 Information on the petition number was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012. No
information was provided. Information on this petition was sought again on 4 April 2014.
95 Further information sought through RTI dated 14 November 2014. By communication dated 5 January 2015 from the Jammu and
Kashmir Police a copy of the FIR and chargesheet were provided. It was stated that the case remained under investigation but had been
“partially challaned”.