STRUCTURES OF VIOLENCE

252 | Structures of Violence
The respondents contended that Mohammad
Hussain Ashraf “deranged, mentally unbalanced”,
was lifted by the army on 24 May 2003 but was
released as he was mentally unsound. Further, that a
report was lodged on 28 May 2003 at the Pantha
Chowk Police Station.
On preliminary enquiry, it was found that
Mohammad Hussain Ashraf was lifted by the 7
Para, Khrew Camp in a vehicle bearing registration
no. 98-B-065366 P. On further enquiry by the police
it was ascertained that after the arrest the
whereabouts of the arrested person were not
revealed and thereafter a First Information Report
[FIR] no. 34/2003 u/s 364 [Kidnapping/Abducting to
murder], 302 [Murder], 120-B [Criminal Conspiracy],
201[Causing disappearance of evidence/giving false
information] Ranbir Penal Code, 1989 [RPC] was
99
registered at Pantha Chowk Police Station . During
the investigations, “Army Captain Adjutant for CO
(G. Rathee)”, revealed that Mohammad Hussain
Ashraf was arrested but then released after being
found to be “mentally retarded”. On 11 November
2003 an enquiry was ordered, and conducted by the
st
1 Additional Sessions Judge, Srinagar [the date of
the enquiry report is unclear].
The 7 August 2012 communication from the Jammu
and Kashmir Police states that this case was
chargesheeted on 30 May 2011. Further, the
investigation documents provided refer to Naik
[Corporal] Balbir Singh, 7 Para RR and Havaldar
[Retired] Balakrishna Sohan, 7 Para RR, as the
persons accused of the crime as they arrested the
victim and they say they had handed him over to their
ofcers at the Badami Bagh Cantonment, Army. By
communication dated 30 November 2013 from the
Jammu and Kashmir Police a copy of the chargesheet
was provided. By communication dated 22 April 2014
from the Jammu and Kashmir Police information was
provided that the chargesheet in the case had been
led before the competent court in the absence of the
accused and was sub-judice.
The document on record that may be analysed is the
enquiry report.
The enquiry report begins by stating that notices were
issued to the Commanding Ofcer, 7 Para, RR. The
Commanding Ofcer did not choose to associate with
the enquiry but submitted a reply/rejoinder. It was
stated that on 24 May 2003 a Quick Reaction Team
[QRT] from 15 Corps Battle School consisting of
troops of 7 Para was directed to accompany a
Mahindra jeep for repairs at Choudhary Motors
located at Sempora. The jeep belonged to the 15
Corps Battle School, Khrew. While the troops were
deployed at Choudhary Motors, a civilian truck driver
informed the QRT that person had threatened him and
had boasted that he was a terrorist. When the QRT
approached the truck, this person jumped out and
started running. He was pursued and caught. He was
found to be mentally unsound and he was left there
and allowed to go.
The Commanding Ofcer has denied that the person
was picked up and taken in the vehicle. He admitted
that the relatives of the person visited the unit in
Shershali and they were politely informed that the
troops had not picked up and detained any person on
24 May 2003.
The Government of Jammu and Kashmir and its
functionaries were represented by the Additional
Public Prosecutor during the enquiry. Further, the
Station House Ofcer [SHO], Pantha Chowk Police
Station, submitted his reply and it was stated that a
preliminary enquiry was conducted and it was found
that the victim was lifted by the 7 Para, RR, Khrew
Camp. Thereafter, an FIR was registered. During
investigations the statements of witnesses were
recorded. The ofcers of the army did not respond to
requests for information. But, by communication
dated June 2003, “Captain Adjutant for Col. G.
Rathee” to the Senior Superintendent of Police [SSP],
City East, it was stated that Mohammad Hussain
Ashraf was in a truck and had threatened the driver by
calling himself a terrorist. The QRT team approached
the truck, chased after him, caught him but on nding
him mentally retarded, they released him. But,
crucially, the SHO stated that during investigation
Mohammad Hussain Ashraf was found not to be
mentally unsound.
During the enquiry, witnesses were led on behalf of
the petitioner in the matter, in addition to the
petitioner's evidence. No evidence was led by either
the Government of Jammu and Kashmir or the
Commanding Ofcer, 7 Para, RR. Below is a
summary of the relevant evidence:
- Ghulam Mohammad Ashraf, who lived in the
same neighbourhood of Mohammad Hussain
Ashraf and employed him in his carpet weaving
centre at Mir Behari as a weaver, stated that
Mohammad Hussain Ashraf was mentally sound.
The witness heard about the abduction of the
victim “last year” [it is unclear when his testimony
was recorded] from Ali Mohammad, a resident of
Balhama, whose house Mohammad Hussain
Ashraf had gone to. All efforts to trace him were
made but to no avail. During the crossexamination
by the Additional Public Prosecutor,
the witness stated that Mohammad Hussain
Ashraf had been working as a carpet weaver for
the last ten years and was not associated with any
political or militant organization.
- Irshad Hussain, living in the same
99 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012. By
communication dated 7 August 2012 from the Jammu and Kashmir Police, a copy of the FIR and other investigation documents were
provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November
2014.