STRUCTURES OF VIOLENCE

272 | Structures of Violence
elsewhere. The post-mortem also states that the body
was identied by a Major of the 15 Grenadiers.
The alleged perpetrator informed the police that it was
an encounter. In fact, the information is also selfcontradictory
as the army, and the alleged perpetrator,
also accepted that the victim was taken to a Joint
Interrogation Centre in Srinagar.
FIR no.147/1998 under sections 302 [Murder], 364
[Kidnapping or abducting in order to murder] Ranbir
Penal Code [RPC] dated 27 June 1998 at Kupwara
Police Station.
The FIR, led by Captain Raman Verma, states that
the victim may have died due to injuries caused by
“blunt trauma”. The FIR states that there was an
encounter on 10 October 1990. The encounter was
with anti-national elements. The ambush party
arrested the victim after spotting him in Kanthanali
village. On 14 October 1990, at 8:30 am, the victim
was transferred from the custody of the army to the
JIC, Srinagar, where he collapsed at 5 pm. He was
declared dead on 15 October 1990 at 2:15 pm.
The above narrative, as described by the army, is
reected in the FIR alongwith the postmortem ndings,
which state that the victim died of a “cardiac pulmonary
arrest” following massive blood loss in the abdominal
cavity. The source of injury was to the right lobe of the
liver, which could be caused by blunt trauma. The
postmortem was conducted by Dr. Saleem.
There is also a reference in one of the FIR copies to
another FIR, FIR no. 146/1998 at Police Station
Kupwara. This may be the FIR led by the army
belatedly.
Information was sought through Right to Information
[RTI] applications dated 15 October 2013 and 14
November 2014. In addition, RTI was led on 18
December 2012 to Jammu and Kashmir Police
regarding custodial killings in Jammu and Kashmir
between 1989 and 2012. By communication dated 17
January 2013, information was provided that the case
was closed as untraced on 14 October 1998. This was
conrmed in RTI response 10 December 2014 though
there the date of closure appears to be 4 October
1998. The information provided was that the “15 Grds”
were involved but no name is identied. Copies of FIR
were provided.
As stated above, the army has contradicted itself in
their own FIR and it is clearly a case of custodial killing.
Despite this, and while nding the involvement of the
15 Grenadiers, the police has chosen to close the case
as “untraced” when atleast the name of the alleged
perpetrator is present.
Case No. 6
Victim Details
Mohammad Ramzan Rather [Abduction and Extra-
Judicial Killing (Custodial Killing)]
Son of: Abdul Ahad Rather
Resident of: Kamad, Islamabad District
Alleged Perpetrators
1. Lieutenant Colonel M.M. Singh, 17 Jammu
and Kashmir Ries, Army
Case Information
First Information Report [FIR] no.127/1991 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was led
6
at the Anantnag Police Station . By communication
dated 19 May 2012 from the Jammu and Kashmir
Police information was provided that that the case
was closed as chargesheeted against Lieutenant
Colonel M.M. Singh and that the casele was
submitted for sanction for prosecution under the
Armed Forces (Jammu and Kashmir) Special
Powers Act, 1990 [AFSPA]. A copy of the FIR was
provided on 21 May 2012. The FIR states that on 29
March 1991 Mohammad Ramzan Rather was
apprehended and then died in custody on the same
day. He was said to be a militant of the Muslim
Janbaz Force. By further communication dated 9
July 2012 from the Jammu and Kashmir Police, in
addition to re-stating the information already
provided, it was stated that while sanction for
prosecution had been sought, no response had been
received. By communication dated 16 November
2013 it was re-stated that the casele had been sent
for sanction. By communication dated 16 May 2014
from the Jammu and Kashmir Police information was
provided that “The investigation of the case stands
closed as challaned and CD le along with relevant
records and evidence both oral and documentary
stands submitted to GOI for accord of sanction and
the same lies with the concerned sanctioning
authority”.
By communication dated 18 December 2014 from the
Jammu and Kashmir Police, it was stated that
enclosed was a copy of letter under which the CD le
had been sent for government sanction. The letter,
dated December 1992, is from the Superintendent of
Police [SP], Anantnag, to Inspector General of Police,
Kashmir. This letter merely seeks that sanction for
prosecution is sought. Further, the communication
states that on 30 March 1991, a dead body, identied
as Mohammad Ramzan Rather, was handed over the
th
17 Battalion of the Jammu and Kashmir Ries stating
that the individual was apprehended by the same unit
on 29 March 1991 at Ashijipora Bridge and brought to
6 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. Further
information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.