STRUCTURES OF VIOLENCE

270 | Structures of Violence
killing of Mushtaq Ahmad Hajam is a moral and
political indictment of the Ministry of Home Affairs.
Case No. 4
Victim Details
1. Ghulam Mohammad Lone [Abduction, Torture
and Extra-Judicial Killing (Custodial Killing)]
Age: 40
Occupation: Carpet seller
Son of: Ali Mohammad Lone
Spouse: Zoona Begum
Resident of: Kripalpora Sri, Pattan, Baramulla
District
2. Mohammad Ayoub Khan [Abduction and
Torture]
Son of: Khushi Mohammad Khan
Resident of: Singhpora, Pattan, Baramulla
District
3. Parvez Ahmad Bhat [Abduction and Torture]
Son of: Ghulam Ahmad Bhat
Resident of: Kripalpora Sri, Pattan, Baramulla
District
4. Farooq Ahmad Dobi [Abduction and Torture]
Son of: Ali Mohammad Dobi
Resident of: Sherabad Khour, Pattan,
Baramulla District
Alleged Perpetrators
4 th
1. Commandant , 46 Battalion Central Reserve
Police Force [CRPF], Camped at the Matches
Factory, Baramulla [as of August 1990]
Case Information
On 21 August 1990 at about 4:30 pm Ghulam
Mohammad Lone alongwith three other persons,
Mohammad Ayoub Khan, Parvez Ahmad Bhat, Farooq
Ahmad Dobi, were picked up at the Kripalpora national
highway road. A CRPF patrol party stopped near them
as they were pushing their car on the road and
abducted them. They were taken to the Matches
Factory, Baramulla.
On 22 August 1990 Ghulam Mohammad Lone's dead
body was brought by the Baramulla Police Station to
the Pattan Police Station. At 2:30 pm the body was
handed over to the family of Ghulam Mohammad
Lone. Mohammad Ayoub Khan, Parvez Ahmad Bhat,
Farooq Ahmad Dobi were released after three weeks.
All of them had been tortured. They conrmed that
they were all taken to the Matches Factory where the
CRPF was camped. They were tortured separately
and heard the cries of Ghulam Mohammad Lone till
2:00 am on the night of 21 August 1990.
The brother of Ghulam Mohammad Lone is not sure of
the name of the ofcer responsible for the crime, but
according to him the ofcer was infamous in the area.
The family of Ghulam Mohammad Lone gave a
statement to the IPTK on 15 December 2011.
First Information Report [FIR] no.210/1990 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was led
5
at the Baramulla Police Station on 22 August 1990.
The 22 May 2012 communication from the Jammu
and Kashmir Police states that the case was closed
by declaring the perpetrators as untraced. A se
parate RTI was led regarding all FIRs against State
forces. By communication dated 25 December 2013
from the Jammu and Kashmir Police a copy of FIR
was provided and information that the case was
th
closed on 5 January 2001. The FIR, led by the 46
Battalion CRPF, states that Ghulam Mohammad
Lone was arrested and taken into custody on 20
August 1990. Two anti-personal mines were
recovered from his body. On 21 August 1990 when
he was being escorted to the toilet he pushed aside
the sentry guarding him and tried to escape. While
running he struck an obstacle and fell down and he
was overpowered by the sentry. During the scufe
with the sentry he became unconscious and died.
According to a police report on record the post-mortem
report was carried out by Medical Ofcer, Baramulla,
Dr. A.R.Wani and vide his report dated 22 August 1990
it was conrmed that the apparent cause of death as
severe beating resulting in blood loss and electric
burns leading to shock cardio-respiratory arrest.
Also on record is a letter from the Deputy
Commissioner, Baramulla to the Divisional
Commissioner, Kashmir that refers to a report from the
Superintendent of Police [SP], Baramulla. This report
th
states that the 46 Battalion CRPF handed over the
dead body of Ghulam Mohammad Lone and stated
that Ghulam Mohammad Lone was lifted by them in a
“suspected condition” but he tried to escape near the
Matches Factory and while running he fell
unconscious and died. Further, it was noted that the
victim was not involved in unlawful activities.
The family of the victim was given Rs.1,00,000 and
compassionate employment under SRO-43 [Statutory
Rules and Orders].
The Government of Jammu and Kashmir, in response
to information sought through the Jammu and Kashmir
Right to Information Act, 2009 [RTI] on sanctions for
prosecutions under the Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA], stated
on 6 September 2011 in relation to this case that
sanction was sought from the Ministry of Home Affairs
but declined on 25 September 2000.
4 The Government of Jammu and Kashmir, in response to information sought through the Jammu and Kashmir Right to Information Act,
2009 [RTI] on sanctions for prosecutions under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], on 6
September 2011 does not specically name the alleged perpetrator for whom sanction for prosecution was sought.
5 Information on this FIR was sought through RTI on 7 October 2011. By communication dated 22 May 2012 from the Jammu and Kashmir
Police a copy of the FIR and closure report was provided.