STRUCTURES OF VIOLENCE

253 | Structures of Violence
neighbourhood as Mohammad Hussain Ashraf
and working as a carpet weaver, stated that “last
year” [it is unclear when his testimony was
recorded] in the month of May Mohammad
Hussain Ashraf had gone to the residence of his
relative, Ali Mohammad Bhat at Balhama. The
next day, on 24 May 2003, Ali Mohammad Bhat
came to the residence of the petitioner and told
him that the army had picked up his son. The
petitioner and his wife went to Balhama where
they got the conrmation of the arrest of their son.
The next day the witness himself went to Balhama
and learnt that the army had picked up
Mohammad Hussain Ashraf on the road side at
Sempora, “near the Crasher [crusher]”. A work
shop was also located there. The abduction was
conrmed by the mechanics of the work shop. The
army personnel had come to the work shop to
repair their vehicle. The mechanics said that the
army had taken Mohammad Hussain Ashraf “to
village” and he was not handed over to any person
nor let off. Mohammad Hussain Ashraf was
mentally sound and was working as a carpet
weaver. Mohammad Hussain Ashraf was not
remotely connected with militancy and was not a
member of any political organization. A search
was launched for Mohammad Hussain Ashraf but
he was not traced. During the cross-examination
by the Additional Public Prosecutor, the witness
stated that he had known Mohammad Hussain
Ashraf for the last seven / eight years and had
good relations with him and used to visit his house.
- Yasir Ahmad Malik, a mechanic at the
Choudhary work shop at Sempora, stated that
about “one year ago” [it is unclear when his
testimony was recorded] RR personnel came to
the work shop to repair their vehicle. In the
meantime the RR personnel brought a boy to the
work shop and interrogated him there. They then
took the boy along with them in the vehicle. The
army had come in one Mahindra Jeep and truck. A
few hours later the army once again came to the
workshop and asked the witness and others to
show them the way towards Balhama as they
wanted to hand over the boy to the person with
whom the boy had stayed the night with. The
witness and another mechanic, Shabir Ahmad
Bhat, accompanied the army personnel to
Balhama. The boy had told the army that he had
stayed for a night at Balhama with a person who
owns the rice husking machine. On reaching
Balhama the army told the witness and Shabir
Ahmad Bhat to go back. The boy was not released
by the army in the presence of the witness and nor
was he handed over to the person with whom he
had stayed for the night. The following day, the
petitioner and his wife came to the workshop to
enquire about the boy. The witness, Shabir Ahmad
Bhat and the manager of the work shop took them
to Balhama. The petitioner and the manager also
went to the RR Camp. There they were told to go to
another RR Camp at Khrew. The boy was not
released. The witness also stated that during the
interrogation at the work shop the boy had not
been beaten by the RR personnel. During the
cross-examination by the Additional Public
Prosecutor, the witness stated that the boy was
not a militant and was 20/21 years old.
- Shabir Ahmad Bhat, a mechanic at the
Choudhary work shop at Sempora, stated that
“last year” [it is unclear when his testimony was
recorded] RR personnel came to the work shop for
repairing their Mahindra vehicle which had
developed some defects. They had also come in a
military truck. The manager of the work shop,
Zubeer Abas, told the witness to start repairing the
vehicle. Meanwhile, the army had picked up “the
boy” and brought him to the work shop. The boy
was interrogated by the army. Thereafter, the army
took the boy along with them in their vehicle. The
boy was about 22/23 years old. The boy was not
released by the army at the work shop. After one or
two hours the army returned to the work shop.
They sought assistance to nd their way to
Balhama so that the boy could be handed over to
the person with whom he had stayed the night.
T h e w i t n e s s a n d “ M o h a m m a d Ya s s i r ”
accompanied the army in a jeep. Another jeep and
a truck followed this jeep. The boy had told the
army that he had stayed at Balhama with a person
who owned a rice husking machine. On reaching
Balhama and the house of the person who owned
the rice husking machine, the witness and the
person accompanying him were asked to return.
The army did not release the boy in the presence
of the witness and nor was he handed over to any
person. “Next or 3rd day” the petitioner came to
the work shop to enquire about the boy. The
manager, the witness, the petitioner and his wife
[Khazri] went to the RR Camp, Khrew. The
petitioner and manager went inside while the
others waited outside. The army told them to go to
another camp situated at Sheer village. At that
camp they were told that their ofcer was not
present in the camp. They then returned to the
work shop. The petitioner and his wife came
several times after this to search for the victim. The
witness did not accompany them to the army camp
again. The boy was not beaten during the
interrogation by the army at the work shop. During
the cross-examination by the Additional Public
Prosecutor, the witness stated that the boy was
not carrying any arms when he was brought to the
work shop.
- Ali Mohammad Bhat stated that in the year
2003, “after the month of Muharram on the day of
festival at Dargah”, Mohammad Hussain Ashraf
came to his house at Balhama and stayed there for
a night. The witness was related to Mohammad
Hussain Ashraf. On the following morning,
Mohammad Hussain Ashraf left his house and the
witness was later informed that Mohammad
Hussain Ashraf had not reached his house but was
arrested by the army near Sempora. On the same
day, at 3:00 pm, the army along with the victim
raided his house but no illegal items were found.
Mohammad Hussain Ashraf was then taken back
by the army i.e. he was not released or handed