STRUCTURES OF VIOLENCE

249 | Structures of Violence
On 10 October 2012, the High Court ordered the
Inspector General of Police [IGP], Kashmir, to le a
personal afdavit in the matter on or before 6
November 2012 and clarify how long it would take to
complete investigations. Previously, the police had
sought to execute an arrest warrant against the
alleged perpetrator in Pune but were unable to locate
97
him.
The High Court petition remains pending. Recently,
another status report was led by the police stating
that efforts were still on to trace the alleged
perpetrator.
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.
Also on record is a letter dated 24 July 2010 from the
IGP, Kashmir Zone, Srinagar, to the SSP, Srinagar,
that states that the disappearance of the victim is
conrmed, the BSF has issued a certicate stating that
the victim was of good character, the case was closed
as untraced on 22 October 2003, a Special
Investigation Team was constituted on 20 April 2007,
and that proper investigations need to be carried out
as per the High Court directions.
The statements of the family of the victim, the conduct
of the army and alleged perpetrator, and the direction
of the police investigations suggest the role of the
alleged perpetrator in the crime.
The police investigations in this case have been weak
and ineffective right from the start. This apparently
continues to date with investigation still pending for
identication parade, and a contradiction on the FIR
where it is suggested that the case may have been
closed as untraced in December 2012.
From wasting time with approaching the BSF, to not
using the coercive powers under the Criminal
Procedure Code, 1989 (CrPC) for interrogating the
alleged perpetrator, the investigations have only
helped the alleged perpetrator to evade the processes
of justice. The farce of interrogating the alleged
perpetrator is evidence enough of this.
Further, the available documents do not suggest that
even a Court-Martial was conducted in this case by the
army.
Case No. 68
Victim Details
Mohammad Yousuf Naik [Enforced disappearance]
Age: 45
Occupation: Farming
Son of: Mohammad Ramzan Naik
Resident of: Mahu, Banihal, Ramban district
Name: Abdul Aziz Naik [Enforced disappearance]
Age: 55
Son of: Mohammad Sultan Naik
Resident of: Mahu, Banihal, Ramban district
Ali Mohammad Sheikh [Enforced disappearance]
Age: 18
Son of: Mohammad Subhan Sheikh
Resident of: Mahu, Banihal, Ramban district
Abdul Rasheed Sheikh [Enforced disappearance]
Age: 40
Son of: Abdul Rehman Sheikh
Resident of: Mahu, Banihal, Ramban district
Mohammad Kamal Naik [Enforced disappearance]
Age: 40
Son of: Abdul Razzak Naik
Resident of: Mahu, Banihal, Ramban district
Alleged Perpetrators
1. Captain Gill, 2 Jat, Dori Camp
2. Two starred ofcer, 2 Jat, Dori Camp [as in
November 2002]
3. Brigadier, at Brigade Headquarters of 2 Jat,
Banihal [as in November 2002]
Case Information
On 5 November 2002, Mohammad Kamal Naik left for
Dandewad, Kulgam to collect ration for the house. A
few days later, Mohammad Yousuf Naik, Abdul Aziz
Naik, Ali Mohammad Sheikh and Abdul Rasheed
Sheikh also left for Dandewad, Kulgam.
The delayed police investigations have also resulted in
the possible dilution of evidence.
The High Court, while criticizing the police, has been
similarly ineffective as it has failed to utilize its coercive
powers in ensuring the compliance of its own orders.
The manner in which the army, and the alleged
perpetrator, has disregarded the police investigations
and the High Court orders suggests that the army does
believe itself to be governed by the rule of law.
On 10 November 2002, all ve of them began their
journey back home. Mohammad Kamal Naik was a
little behind the other four people, as he was older. On
top of the mountain, near Mahu, Mohammad Yousuf
Naik and Abdul Aziz Naik stopped for prayers as they
were fasting. Ali Mohammad Sheikh and Abdul
Rasheed Sheikh moved ahead, and as they went
further, they met Abdul Rahim, son of Ramzan Bhat,
and Habib Ganai, son of Abdulla Ganai. Abdul Rahim
asked them why they were moving quickly. They said
that they were in a rush as the army was behind them,
and that Mohammad Yousuf Naik and Abdul Aziz Naik
97 Kashmir Reader, http://kashmirreader.com/10132012-ND-igp-to-le-personal-afdavit-5577.aspx, 13 October 2012.