STRUCTURES OF VIOLENCE

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265| Structures of Violence PART C: EXTRA-JUDICIAL KILLING Case No. 1 Victim Details Ghulam Hassan Naikoo [Abduction, Torture, Extrajudicial killing] Age: 39 Occupation: Tailor Son of: Mohammad RamzanNaikoo Resident of: Khwaja Sahib Mohalla, Baramulla district Alleged Perpetrators 1. S.N.Vishnu, Lt. Colonel, Assistant Adjudent General for General Ofcer Commanding, 19 Infantry Division Case Information In the afternoon of 25 August 1984, Ghulam Hassan Naikoo was called to the Police station where the Army took him into custody for investigation. Army tortured him and he died in their custody. On 26 August, army handed over his dead body. The case has a history: A rift had emerged between two socio-religious groups, Tablig-e-Jamaat and the Jamaat-i-Islami. Naikoo was trying to reconcile between the two groups. This did not go well with the Indian intelligence agencies as they were trying to divide the two conicting groups who till now shared same platform. The agencies threatened Naikoo to stay away from it. Shakeel Ahmad Naikoo gave the above statement to the IPTK on 5 November 2014. A First Information Report [FIR] states, on behalf of S.N.Vishnu, that the victim was taken by the alleged perpetrator for investigation at approximately 5 pm on 25 August 1984 from the custody of the Station House Ofcer[SHO] of Police Station Baramulla.The victim complained of pain in the chest and uneasiness at about 3:15 am on 26 August 1984. He was taken to the medical inspection room where he was found dead by the Medical ofcer. Manzoor Ahmad, SHO Baramulla gave authority for the autopsy. In the post-mortem report, it is stated that he was taken from his shop, and not from the SHO or Police Station, to the army cantonment for questioning on 25 August 1984 at about 3:15 pm. He was apparently brought dead to the District Hospital, Baramulla at 10:10 pm on 26 August 1984. Therefore, these details are different from FIR. It appears from this contradiction that he was not taken from the police, and he was kept for much longer than claimed. Further, he was not handed over to the police within 24 hours either. The post-mortem notes the fracture of nasal bones. The nal conclusion was that the death was caused b y s u b - d u r a l h e m o r r h a g e , s u b - arachnoidhemorrhage, and laceration of the brain in both the parietal lobes. The injuries were said to be caused by a hard blunt object. The time since death was said to be 36 hours. Post-mortem was done at 11 am on 27 August. That placed the time of his death on the night of 25 August 1984. FIR no.267/1984 u/s 302 [murder] under the RanbirPenal Code [RPC] dated 26 August 1984 at the Police Station Baramulla. The informant seems to be SN Vishnu himself. The FIR was led on the basis of a letter [no.31313/4/AI] dated 26 August 1984 addressed to SHO, Police Station Baramulla by S.N.Vishnu, Lt. Colonel Assistant Adjudent General for General Ofcer Commanding 19 Infantry Division. Information on this FIR was sought through RTI on 15 October 2013. By communication dated 22 April 2014 from Jammu and Kashmir Police, a copy of FIR and chargesheet were provided. Further information was sought through RTI dated 14 November 2014. Chargesheet was led and subsequently the matter proceeded for a court-martial. The status of the court-martial is not known. This case is particularly important as it appears to involve perpetrators at Division level and this case, of 1984, also suggests that torture, and other crimes, by the army were taking place before 1989 as well. Case No. 2 [Massacres / Extra-judicial killing] Victim Details Ghulam Qadir Magloo Age: 46 Resident of: Mashali Mohalla, Srinagar Gulzar Ahmed Magloo Age: 22 Son of: Ghulam Qadir Magloo Resident of: Mashali Mohalla, Srinagar Mushtaq Ahmed Magloo Age: 20 Son of: Ghulam Qadir Magloo Resident of: Mashali Mohalla, Srinagar Bashir Ahmed Beigh Resident of: Mashali Mohalla, Srinagar Name: Aijaz Ahmed Beigh Son of: Bashir Ahmed Beigh Resident of: Mashali Mohalla, Srinagar Muzaffer Ahmed Beigh Son of: Bashir Ahmed Beigh Resident of: Mashali Mohalla, Srinagar Farooq Ahmed Beigh Occupation: Zari work Son of: Mohammed Abdullah Beigh Resident of: Mashali Mohalla, Srinagar
266 | Structures of Violence Ghulam Ahmed Mir Age: 55-60 Resident of: Mashali Mohalla, Srinagar Fayaz Ahmed Mir Age: 30 Son of: Ghulam Ahmed Mir Resident of: Mashali Mohalla, Srinagar Alleged Perpetrators 1. JK Sharma, Deputy Inspector General [DIG], th 75 Battalion BSF t h 2. RP Bhukal, Deputy Commandant, 75 Battalion BSF th 3. Gajjan Singh, Head Constable, 75 Battalion BSF th 1 4. Uttam Singh, Constable, 75 Battalion BSF Case Information On 6 August 1990 the BSF carried out a massacre in Mashali Mohalla, and the below testimonies of the family members are evidence of the manner in which it was carried out. The daughter of victim 1 and sister of victims 2 and 3, Tasleema Magloo, gave the below statement to the IPTK on 26 February 2015. On 6 August 1990, the family had been hearing since morning that Jamsheed Khan [chief of Al Madad Yalgaari Ali] wanted to act against BSF troops near Islamia College. So, they left their house at around 3 pm and stayed in Mughal Mohalla, near the Mughal Masjid, till about 5:30 pm. They returned home at around 6 pm. There were no odd occurrences in their locality till 9:30 pm, after which the interviewee heard a loud explosion [she does not know whether it was a grenade explosion or something else]. Thereafter, she heard the noise of ring outside the house [she does not know whether it was cross-ring between Jamsheed Khan and the BSF or not]. 20-30 minutes later, BSF personnel barged into the nearby houses. [She later heard that they had rst entered Ghulam Ahmed Mir's house, where they killed him and his son Fayaz Ahmed Mir. They then went to Bashir Ahmed Beigh's house, where they killed him and his two sons Aijaz Ahmed Beigh and Muzaffar Ahmed Beigh. They also shot Mehbooba Beigh, wife of Bashir Ahmed Beigh, on her shoulder. Then they entered their house – 10-20 of them broke the door and barged inside.They started ring as soon as they entered. The family members were hiding on the rst oor, and soon they entered the same room. Even though they had turned all the lights off, there was some light in the room since it was a full moon night. The BSF personnel were also using matchsticks to light up the room. Ghulam Qadir Beigh's family was also present in the same room. The interviewee saw BSF personnel beating up her brother, Gulzar Ahmed Magloo, with the butt of a gun after which they shot him. She was probably 18 at that time. She, however, remembers that they only shot at men and they eventually killed her two brothers and her father, along with their neighbor Farooq Ahmed Beigh, who was in the house with them at that time. The BSF personnel then attacked me as well. My mother tried to protect me and snatched the cap of one of the BSF personnel in that process. She probably snatched a belt too but the interviewee does not remember clearly. The next day the cap and the belt were handed over to the Police Station Nowhatta, where the SHO was Showket [the interviewee is not sure]. He was favoring the BSF; he has now been transferred. The interviewee's mother was taken to the Police station for testifying [she is not aware of the details]. [The court martial took place after the mother's death] The interviewee does not know the name of any BSF personnel, but she remembers the faces of two of them, whom she later identied in the Kehkashan Hotel where the court martial was held. One of them wore a turban.She was taken for the court martial proceedings along with her sister, Mubeena, and Mehbooba wife of Bashir Ahmed Beigh. In the Kehkashan Hotel, two uniformed BSF personnel [who were non-Kashmiris] approached them and asked about Jamsheed Khan and other militants and if they aware of their whereabouts. One of them was Dilawar Khan. He offered to pay the sisters Rs. 5 lakhs if they would tell him about Jamsheed Khan and other militants but they refused to give any information. Inside the courtroom set up, there was a Kashmiri who interpreted her statement to the judge [she does not know who he was]. However, he told her that the judge had decided that the two BSF personnel, who she had identied and testied against, would be hanged to death. After that, they did not visit them again nor were they called for any other proceeding. The family received Rs. 3 lakh as ex-gratia relief and a job appointment under SRO 43 appointment for her sister Mubeena. The cousin of victim 7, Ghulam Qadir Beigh, gave the below statement to the IPTK on 1 March 2015. At around 2 pm on 6 August 1990, a member of the JKLF, either Hameed Sheikh or Ishfaq Majeed [interviewee is not sure who], was arrested by the armed forces [interviewee is unaware as to which force it was] in Sanat Nagar. Interviewee is not sure 1 Names of alleged perpetrators are from: Greater Kashmir, 9 August 2015, http://www.greaterkashmir.com/news/kashmir/mashali-mohallamassacre-6-august-1990-relatives-seek-justice-stage-protest/193830.html.
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STRUCTURES OF VIOLENCE THE INDIAN S
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